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(영문) 인천지방법원 2018.08.16 2018고단4321

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a business proprietor operating “C” from the Nam-gu Incheon Metropolitan City B 3th floor.

The defendant from March 23, 2018 to the same year.

4. By November 1, 200, there is a points system different from those classified in the above “C”, and 40 games with the content that can verify the points obtained by using the D Card, which are provided to unspecified multiple customers for use.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure;

1. Report on internal investigation (on-site control and the details of seizure), investigation report ( analysis of the alteration of game water);

1. Answers based on each appraisal result;

1. Application of each statute on photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community 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 for forfeiture;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and two months) of the distribution of illegal games, etc.

2. The crime of using and providing illegal games that have been sentenced to punishment is the circumstances favorable to the defendant, such as: (a) promoting a speculative spirit; (b) impairing the awareness of sound labor; and (c) causing severe harm to society; and (d) causing considerable amount of criminal proceeds; (b) the amount of the crime, such as the quantity of illegally altered games, is also considerable; (c) there are circumstances unfavorable to the defendant; (d) there is awareness that the operation of the game room is suspended after the control; and (e) there is no history of criminal punishment

In addition to the above circumstances, the sentence shall be determined as per Disposition by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.