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(영문) 서울남부지방법원 2018.11.07 2018고단2709

게임산업진흥에관한법률위반

Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

No person shall provide information on the distribution or use of a game product which has not been classified for the purpose of distribution or use, or display or store it for such purpose.

Defendant

A operated the "C" on the Gangseo-gu Seoul Metropolitan Government level B and 4 level, around February 2, 2018, provided D with a place where four game flags are installed within the said source, and D installed four "Twitter", which is a game product that was not rated at the said place, so that people who find the place can use it for the game.

As a result, the defendant provided game water in collusion with D for use and displayed and stored for this purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 1 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 44 (2) of the Confiscation Industry Promotion Act, Article 48 (1) 2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant has been punished three times for the same crime; the above records were discovered that the defendant directly engaged in speculative business at the same place; however, the defendant committed the crime of this case under the same method: the defendant recognized the crime and commits the crime; the number of the games installed is not much high; the above circumstances unfavorable to the defendant, such as the defendant's age, sex behavior, motive, background, means and consequence of the crime, and the circumstances after the crime, and the sentencing conditions specified in the arguments and the records of this case, shall be determined by taking into account the following factors: