However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

No person shall provide game products with contents different from those of the rating for distribution or use.

그럼에도 불구하고 피고인은 2012. 10. 초순경부터 2012. 11. 6.경까지 대구시 달서구 D에 있는 ‘E오락실’에서, 게임 이용자의 조작과 적극적인 참여가 있어야 경품이 배출되고, 특정구간에서 틀린 답을 선택시 게임종료가 되도록 등급을 받은 내용과 다르게, 자동진행도움장치(일명 ‘똑딱이’)의 조작만으로도 경품이 배출되며 특정구간에서 바른 답을 선택할 때까지 게임종료가 되지 않는 내용의 게임물인 ‘적송’ 게임기 45대를 손님들에게 제공하였다.

As a result, the Defendant provided game products different from the contents of the rating for distribution or use.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Partial statement of a witness I;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. As to the report on internal investigation (as to the attachment of a photo at the control site);

1. Records of seizure and the list of seizure;

1. Investigation Report-Application of Acts and subordinate statutes as a result of control support;

1. Relevant Article of the facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48(1)1 and 2 of the Criminal Act

1. The defendant and his defense counsel asserted that since the defendant did not voluntarily submit the game product of this case and did not obtain a prior or ex post warrant, all seized game products constitute evidence collected through unlawful procedures and cannot be used as evidence of guilt against the defendant.

However, the following circumstances acknowledged by each of the above evidence, i.e., the Defendant, who resisted by police officers, was seized as an altered game machine.