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(영문) 춘천지방법원 원주지원 2019.06.27 2019고단357

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six 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 a game room in the name of "C Gameland" on the 3th floor located in the original state building B.

From the end of May 2018 to January 17, 2019, the Defendant provided 45 game “Yabab” games with separate points from the Game Rating Board (CC-N-14108-03,CC-N-150326-05) to unspecified customers by installing 15 game games with separate points and 45 game “Yababab” games with separate settlement windows, unlike being rated by the Game Rating Board (CC-N-108-03, andCC-150326-05).

As a result, the defendant provided game products, the contents of which are different from the contents of the rating classification by the Game Rating Board, for customers' use.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (No. 6, 7 and 12 No. 5 of the evidence list);

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the provision for the use, etc. of illegal game products [Type 1] and the provision for the use, etc. of game products which are different from the classification [the scope of recommendation field and recommendation range]: There is no basic field, no person who has been sentenced to the suspension of execution of imprisonment for six months to one year [the general person who has been sentenced to the suspension of execution] [the grounds for suspension of execution of sentence] general pride: There is no criminal record of a suspension of execution or more.

3. Determination of sentence: In addition to the sentencing factors as seen earlier, the fact that the defendant is against the recognition of the crime of this case, the fact that there is no record of the same kind of crime, and all other circumstances that form the conditions for sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, results of the crime, and circumstances after the crime.