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(영문) 서울남부지방법원 2015.12.18 2015노1566

게임산업진흥에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's grounds for appeal is that the punishment of imprisonment with prison labor for one year sentenced by the court below is too unreasonable in light of the circumstances such as the defendant's belief that the defendant is a legitimate game work and provided the customers with the game work of this case, and losses caused by the operation of the game of this case.

First, as to the assertion that the Defendant was unaware of the fact that he was not aware that he was a game product that was not classified by the Game Management Committee by misunderstanding the “Word Gme” game of this case as a lawful game product, the Defendant was present at the lower court and testified to the effect that he was consistent with this part of the Defendant’s assertion. However, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, i.e., (i) the Defendant was well aware of the following circumstances: (ii) the Defendant was punished for the use of the game product that was not classified; (ii) there was no verification through the game Management Committee’s homepage in providing the game product; (iii) the Defendant was provided again for the use of the game product from November 16, 2014 after control over October 23, 2014; and (iv) the seller of the above game product was offered to the Defendant with the testimony of the Defendant that he was not classified by the lower court; (iii) the Defendant’s testimony was not made from the Defendant’s prosecutor’s online evidence.