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(영문) 서울서부지방법원 2018.04.12 2018고단615

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

A person who intends to engage in the business of providing youth games or Internet computer game facilities shall prepare facilities prescribed by Ordinance of the Ministry of Strategy and Finance for cultural sports tourism and register such facilities with the Special Self-Governing City Mayor, a Special Self-Governing Province branch office, a Mayor,

However, the Defendant, without being registered with the competent authority from the early December 2017 to January 15, 2018, operated a juvenile game providing business by installing one unit of “LOVE PH”, which was classified as the entire street use rating by the Game Water Management Committee, and allowing many unspecified customers to input KRW 1,000 for each game.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to enforcement photographs, internal investigation reports (grade classification and verification);

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Subparagraph 2 of Article 45 of the Game Industry Promotion Act and the main sentence of Article 26 (2) of the Act on the Promotion of Game Industry;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by sentence: Imprisonment for not more than two years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Class 1 (Game-making and distribution business, game manufacturing business) for speculative and game water crimes, unauthorized or unregistered business, and Class 1 for business;

B. There is no special sentencing factor:

(c) The scope of recommendations and recommendations: Basic area, imprisonment for up to 4 months to 10 months;

3. Determination of sentence: A person who has no record of punishment heavier than a fine, as he/she has been sentenced to imprisonment with prison labor for four months or one year of suspended sentence [unfair circumstances] and majority of the past records of the same type [seven times] and has no record of punishment heavier than a fine as he/she has no record of crime;