게임산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) in relation to the violation of the Act on the Promotion of the Game Industry Act on August 31, 2017 among the facts charged in the instant case, the Defendant was obligated to observe the hours for admitting juveniles from 9:0 a.m. to 10 p.m. as a person operating the PC. As such, the Defendant was locked at the time, under the inside of the PC hold room at the time, and the Defendant did not have any negligence in relation to the Defendant’s admission of juveniles in violation of the hours for admitting juveniles.
However, the court below rendered not guilty of this part of the facts charged, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Judgment on the grounds for appeal
A. On August 31, 2017, at around 03:00, the summary of this part of the facts charged, the Defendant entered the “DPC room” operated by the Defendant in Heung-gu, Chungcheongnam-gu, Cheongju-si, in violation of the hours for admitting juveniles, G (16 years), H (16 years old), I (14 years old), J (14 years old), and K (14 years old).
B. The lower court determined that the Defendant was self-employed even when the Defendant prepared as evidence that seems to correspond to this part of the facts charged, but the content of the above person’s statement is merely a mere formality that “a person had access without confirming a minor,” and when the witness H went into his/her friendship and PC room, he/she was the Defendant when the witness went into his/her family and PC room, and he/she was a game.
According to the investigation report, it is difficult to recognize a criminal intent that the defendant was aware that he was a juvenile and she was frighten at the time, and that he was found to have been frightened by the police officer at the bottom of a frightter against the juveniles in the game in the frightter instead of a frighter (Evidence No. 29 of the evidence record), and it is difficult to recognize a criminal intent that he was frightening to the time of frighting for juveniles. Ultimately, the facts charged in this case are the facts charged.