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(영문) 광주지방법원 2014.02.13 2013고단4877

게임산업진흥에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

The subparagraphs 3 through 9 of seized evidence shall be from Defendant A.

Reasons

The facts of the crime (Defendant A) is a person who operates the game hall called “H Gameland” in the Seo-gu G and the second floor in Gwangju, Gwangju, and provided 50 game products different from the contents of the rating received by the Game Rating Board, which are game products with different contents from the rating received by the Game Rating Board, with employees I, etc., and then, from February 8, 2013 to March 18, 2013, customers who find out the game room had them put cash into the said game machine and let them play the game.

In addition, the defendant had customers perform speculative acts by using game products with the picture card obtained by customers and exchanging them in cash outside the game place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Examination protocol of suspect regarding L by prosecution;

1. Each protocol of seizure and the list of seizure;

1. Application of each investigation report (31 pages, 103 pages), photographs attached thereto (33 pages of investigation records), the result of enforcement support (35 pages of investigation records), the application of statutes;

1. Article 45 of the relevant Act on criminal facts and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry (the point of providing game products that are different from the classification obtained), Article 44 (1) 1 of the Game Industry Promotion Act and subparagraph 2 of Article 28 of the Act on the Promotion of the Game Industry (the point of allowing the use of game products to perform speculative acts, the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The defendant and his defense counsel asserted that the defendant's guilty and sentencing against the defendant A pursuant to Article 48 (1) 1 of the Criminal Act, Article 44 (2) of the Game Industry Promotion Act, the defendant and his defense counsel had different contents from the rating of the game in the game room, and that they had different contents from the rating of the game machine.

(1) However, the degree was different from the game machine of the defendant game room.