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(영문) 인천지방법원 2018.03.09 2018고단70

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to run the business of providing juvenile game software or the business of providing Internet computer game facilities shall register with the head of a Si/Gun/Gu with the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.

Nevertheless, from December 2016 to December 11, 2017, the Defendant run a juvenile game providing business by installing one game machine (MART CCR) which is a game product for all use without registering with the head of Si/Gun/Gu in front of the D convenience store located in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on detection, internal investigation reports (on-site situations and the details, etc. of the detection), and investigation reports (verification of history of classification of game products);

1. Application of Acts and subordinate statutes to photographs at the detection site;

1. Article 45 of the relevant Act on criminal facts, Articles 45 subparagraph 2 and 26 (2) of the Act on the Promotion of the Alternative Game Industry and the Selection of Imprisonment with labor;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the type of determination]; the unauthorized and unregistered business without permission; the business of producing and distributing games; the game industry]; the basic field [the scope of the recommended punishment] [the scope of the recommended punishment] from April to October [the person subject to general sentencing] from April of imprisonment; where the actual amount of profit is minor, the serious reflective amount;

2. Whether to suspend the execution (main reasons for consideration) - positive: Cases irrelevant to the head of happiness (general reasons for consideration) - positive: If the amount of benefits is insignificant, the amount of benefits is insignificant, there is no serious reflect, or there is no criminal conviction or more than a suspended sentence, and the Defendant’s health status is very good.

3. The Defendant has a record of criminal punishment of 15 times, and among them, the record of punishment for committing the act of providing juvenile games by installing a cateral game machine, etc. without registering the same as the instant crime is committed.