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(영문) 부산지방법원 2015.08.27 2015고단4378

게임산업진흥에관한법률위반

Text

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

No person shall provide game products for distribution or use, or display or keep them for such purposes, but the defendant from around February 26, 2015.

3. From May 13 to 40, 13:40, “D” operated by oneself in Busan City, which was not classified by the Game Rating Board, provided for the use of unspecified multiple customers by setting up joint and several zomhs, a slot machine game, which was not classified by the Game Rating Board, in the game room.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of field photographs, replys to the results of appraisal, and replys requested by the Game Industry Management Committee);

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Game Industry and the Promotion of Alternative Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentence of punishment under Article 44(2) of the Act on the Promotion of Confiscation Industry is to be imposed in consideration of all the circumstances, including the following: (a) the reason for sentencing [the range of recommending punishment] the distribution of illegal game products [the scope of recommending punishment] and the basic area (eight to one month or one year and six months) of types 2 (ungraded and speculative game products, speculative machine, online sports competition publication system) [the ruling of sentence] and there is no history of punishment for the same kind of crime [the ruling of sentence]; (b) the act does not lead to money exchange; (c) the period of business is short; (d) the defendant is short-term; (d) the defendant is detained with excessive difficulty to his family members; and (e) his/her mistake is divided