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(영문) 광주지방법원 2014.10.16 2014고정1246

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall provide, display or keep game products for the distribution or use of which have not been classified.

On May 6, 2014, the Defendant kept two physical posters game machines which were not classified within the “C” in the operation of the Defendant located in the Nam-gu, Nam-gu, Gwangju, for the purpose of providing them for use by unspecified customers, who sought a billiard hall.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on confirmation as to whether the rating of a body plastic game machine is classified);

1. Copies of control photographs, and reports on control of public morals;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The former part of Article 44 (2) of the Confiscation Industry Promotion Act;

1. According to the reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, when considering the circumstances such as the following: (a) the Defendant’s mistake was divided and reflected in the sentence; (b) the Defendant took over the above party room from the former party of the party branch of this case; and (c) the Defendant’s perception of the fact that the game was not classified; and (d) the Defendant appears to have been relatively less likely to have been aware of the fact that the game was not classified; (b) the type of crime identical to this case in this case is highly harmful to society, such as promoting speculation and impairing the general public’s sound sense of work; (c) equity with other similar cases; and (d) the Defendant’s age, character, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the amount of fine as prescribed in the summary order cannot be deemed to be excessive, and thus, the punishment shall be determined as ordered in the Disposition.