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(영문) 부산지방법원 2015.10.22 2015고단5081

게임산업진흥에관한법률위반

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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From December 30, 2014, the Defendant is a person who conducts the business of providing Internet computer game facilities under the trade name “E” on the first floor of the D building in Busan Jung-gu.

On April 6, 2015, the Defendant, at around 10:30 on April 10, 2015, set up 28 BatC PC, which was a game product not classified by the Game Rating Board, and displayed and stored in order to provide a large number of unspecified customers for use.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Seizure records and investigation reports (No. 10 No. 10);

1. According to the evidence of each judgment, the game product in this case constitutes a game product subject to prior classification as a "game product not permitted for use by juveniles", and the "game product not permitted for use by juveniles" cannot be a self-rating game product (proviso of Article 21 (1) 4 of the Game Industry Promotion Act). Thus, there is no reason to bring a change in the purport of innocence based on the self-rating system of open market game products, and it is rejected in light of the contents of the game product in this case.

Application of Statutes

1. Article 44 (1) 2 and Article 32 (1) 1 of the Act on the Promotion of Game Industry (the occupation of storage or storage of game products not rated, the selection of fines, and the selection of fines) concerning facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act, Article 44 (2) of the Game Industry Promotion Act;