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(영문) 대전지방법원 홍성지원 2013.11.20 2013고단877

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” in Chungcheongnam-nam Budget Group C.

No person shall provide game products, the contents of which are different from the classification, for distribution or use, or display or keep the same for such purposes.

The term “shot game” refers to a game which is classified as “total permitted use” by the Game Rating Board as a game that is carried out in accordance with the game users’ ability, such as discharge of only 10,000 games, when the game is completed, by means of a shot. The game is a game which is rated as “total permitted use” by the Game Rating Board for the purpose of obtaining a certain point on the screen when the shot flag appearing in the screen is shot. The game is a game in which the game is classified as “total permitted use” by the Game Rating Board, when the game is completed by a certain rule.

그럼에도 불구하고 피고인은 2012. 11. 8.경부터 2012. 11. 27.경까지 피고인이 운영하는 위 D에서 빠박이 게임기 40대를 설치하고, 위 게임기를 게임물등급위원회로부터 등급분류 받은 내용과 달리 게임이용자의 능력과 무관하게 버튼을 자동으로 눌러주는 자동진행장치(일명 ‘똑딱이’)를 이용하는 단순조작만으로도 점수 획득 및 미션 완수가 가능하도록 게임이 진행되고, 계속 게임을 하면 아이템 카드가 자동으로 배출되게 하는 내용으로 게임물을 구동시켜 등급을 받은 내용과 다른 내용의 게임물을 손님들의 이용에 제공하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Seizure records;

1. The list of seizure;

1. On-site photographs;

1. A copy of a rating classification certificate;

1. Omission of the result of enforcement support;

1. Investigation reports (report on replies with results of appraisal by the Game Rating Board);

1. Responses with the results of appraisal;

1. Investigation reports (to hear and report the F investigator's statement by telephone of the Game Rating Board);

1. Investigative reports, rating classification and decisions;