beta
(영문) 부산지방법원 2014.03.19 2013고단9413

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

8 copies of seized PCs (Evidence 1), 8 pPC monitors (Evidence 2), .

Reasons

Punishment of the crime

On July 20, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on July 20, 2012, and on September 22, 2013, the Defendant completed the execution of the sentence at the Sungsung Vocational Training Prison.

From Oct. 22, 2013 to Oct. 28, 2013, the Defendant provided an unspecified number of customers with game products “Ytoma”, which was not classified by the Game Rating Board, for use by setting up PC eight game products.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The police seizure record and the list of seizure;

1. Previous convictions in judgment: Application of criminal history records, investigation reports, and Acts and subordinate statutes;

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;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The grounds for sentencing under Article 44(2) of the Act on the Promotion of Additional Collection and Promotion of Game Industry, including the confession of the defendant, the fact that the size of the game room is small and the period of operation is not long, and the crime of this case requires a strict punishment of social harm, such as encouraging a speculative spirit of the general public and undermining the will to work, etc. The defendant has the history of having been punished for the suspension of execution of imprisonment due to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. even in 2000, and the defendant has committed the crime of this case again during the period of repeated offense, and other factors, such as the motive, means and result of the crime of this case, the defendant's age, character and behavior, environment, criminal record, and circumstances after the crime, etc., shall be determined as per the order.