beta
(영문) 대전지방법원 2014.08.13 2014고정754

게임산업진흥에관한법률위반

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

The defendant is a unemployed who operates a fourth-story Down club in Daejeon Pungdong-gu.

No one shall provide game products for distribution or use, which have not been classified by the Game Rating Board, or display or keep the same for such purposes.

On October 31, 2013, the Defendant set up one game for physical posters, which was not classified by the Game Rating Board within the above party room, and displayed and kept the same in order to provide many and unspecified customers with access to the game.

Summary of Evidence

1. Part of the defendant's legal statement (the purport that the defendant kept a fitness game machine);

1. Legal statement of witness E;

1. Police seizure records;

1. Application of Acts and subordinate statutes on site photographic materials;

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;

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

3. Article 44 (2) of the Confiscation Industry Promotion Act.

4. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and defense counsel under Article 334(1) of the Criminal Procedure Act stated that the instant physical fitness game machine was kept in the billiard room. However, the Defendant and the defense counsel asserted to the effect that the said machine was not disposed of and was inevitably stored, and that it was not provided for the use of many and unspecified persons, and thus, it does not constitute a case where the game was displayed or kept for the use of the game that was not rated. Thus, the following circumstances acknowledged by the evidence of the above holding are as follows. In other words, the Defendant: (a) after the instant game machine was seized on May 201, 203, and stored the game machine in the billiard room again after the seizure of the said game machine; (b) even if the said machine was not in the machine at the time of control, at any time, at any time, used the game machine.