게임산업진흥에관한법률위반
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. The lower court’s sentence against the prosecutor Defendants is too unhued and unreasonable.
B. Defendants 1) misunderstanding of facts and misunderstanding of legal principles (1) the video recording of the exchange page in the D Game room operated by the Defendants (hereinafter “Exchange video”).
2) The lower court’s sentence against the Defendants on an unreasonable sentencing is too unreasonable, because the CDs are inadmissible. (2) The Defendants did not exchange in the game room.
2. Determination
A. Determination on the admissibility of the exchange video CD 1) E in the process of the recording of the exchange video screen E in order to take an act of exchanging in the D game room, the head of the original police station requested to lease the photographing equipment. The police officer in charge of the original police station lent it to E in the form of hand-type small camera. E in the place of exchange in the D game room and the staff rest room, which was installed on May 20, 2018; on May 23, 2018, B submitted five minutes of each page of the screen which was put on the table in cash on the table; and on May 23, 2018, B submitted five minutes of the screen image to the head of the original police station’s living order book. 2) The Defendants asserted that the Defendant’s assertion on the exchange is inadmissible for the following reasons.
(1) E, as a rest space of employees, takes a photograph of video by installing a camera at will at a place where privacy should be guaranteed, such video is illegally collected evidence.
② As seen earlier, the police involved in the act of photographing E without a warrant by providing equipment for photographing, although the photographing constitutes a forced investigation that requires a warrant.
3. On the grounds delineated below, the lower court acknowledged the admissibility of exchange video CDs for the following reasons.
(1) It is difficult to see that there is a high risk of infringement of privacy-related legal interests due to exchange videos, and the public interest such as the discovery of truth in criminal prosecution and criminal proceedings is an individual's personal interest.