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(영문) 부산지방법원 2015.11.20 2015고단5694

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

Around February 6, 2015, no person provided a game product for distribution or use, or displayed or stored for that purpose. However, the Defendant provided a large number of unspecified customers who found the said game product by installing a casino type of casino ndd and nd' game product that was not classified by the Game Rating Board in the form of a casino in Busan Jung-gu, Busan, by operating a game room in the trade name.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused;

1. Notification of detection of a place of business violating laws;

1. Investigation report (the result of an appraisal reply, the review of legal principles, the details of control, etc.), on-site photographs;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 44 (1) 2, Article 32 (1) 1, and Article 21 (1) of the Act on the Promotion of the Game Industry related to criminal facts, the choice of imprisonment with prison labor;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act and Article 44 (2) of the Game Industry Promotion Act;

1. The basic area ( August to January 6) of the sentencing criteria [the range of recommendations] the distribution of illegal game products and other types of illegal game products and the basic area (class-grade and speculative game products, speculative gaming machines, and online sports competition issuance system) (the special form of persons) (the special form of persons).

2. The defendant shall be sentenced to imprisonment with prison labor in consideration of the fact that social harm caused by illegal or speculative games subject to the decision of punishment is serious, the defendant's business size is not considerable, and the defendant has a record of being sentenced to a suspended sentence of imprisonment for the same crime in 204;

Provided, That all circumstances, such as the defendant's time to commit a crime, the age, health, family relationship, etc. of the defendant shall be considered.