게임산업진흥에관한법률위반
All of the appeals by prosecutors are dismissed.
1. Comprehensively taking account of the evidence presented by the prosecutor as to the gist of the grounds for appeal, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment, although it can be acknowledged that Defendant B had failed to do so as to allow juveniles to visit the PC room at the time of the instant case.
2. According to the evidence submitted by the Prosecutor, it is recognized that the Defendant B, an employee of the instant PC room on the day of the instant case, was found to have been discovered to police officers around 02:29 while using a computer on the ground of the instant PC room and around around 02:09 at around 02:09.
However, in the instant case where there is no evidence to acknowledge that Defendant B, at the time of the instant case, had known that the said juveniles entered or entered the instant PC and used a computer for about about 20 minutes, Defendant B did not take any measures to confirm the age of the said juveniles at the time of the instant case, solely on the basis of the above recognition.
Defendant B, in violation of the hours for admitting juveniles, did not have any negligence on allowing them to access the instant PC room.
The recognition is insufficient, and there is no other evidence to prove it.
Therefore, the other prosecutor's above assertion is without merit.
3. Conclusion, the Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.