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(영문) 대구지방법원 서부지원 2020.05.15 2019고단2351

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

No one shall provide game products for the distribution or use, the contents of which are different from those classified by the Game Products Management Committee, or display or store them for such purposes.

The Defendant is a business proprietor operating the Seogu Seo-gu B and the second floor “C Gameland.”

From May 22, 2017 to May 3, 15:40, 2019, the Defendant installed 40 game software in the instant “C Gameland,” which was rated by the Game Rating Board from the said “C Gameland” (to be rated as Daejeon Game in comparison with computers using an ICT card) and installed 40 game software with radio communication cap attached, and made it available to unspecified multiple customers.

As a result, the defendant provided game products with contents different from the classification and kept them for use.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes to arrest and report the occurrence of the case, investigation reports (on the spot conditions and seizure details), investigation reports (the rating classification decisions and records of rating of the game product with a new letter), investigation reports (in relation to attachment to the register, etc. of the game industry), investigation reports (in response to the result of control support), investigation reports (in response to the result of control support), investigation reports (Attachment to the Uncontrol Report), investigation reports (in relation to the amount of electricity consumed in the

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act (The following circumstances specified in the grounds for sentencing):

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of punishment on illegal game products: [Type 1] There is no game product user or provision (special person) different from the classification [the scope of recommendation field and recommendation range]; the basic area of punishment; six months to one year and two months;

2. Determination of sentence: