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(영문) 대구지방법원 경주지원 2018.05.09 2018고단93

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 person who operates a C Gameland in Si-si.

No one shall provide information on the distribution or use of a game product with a content different from that of the rating, or display or store such product for such purpose.

Nevertheless, in the above C Gameland from early September 2017 to the 14th day of the same month, the Defendant installed 40 game machine of "use-based" game in which the numbers of the throid cards are altered to increase if specific images, such as reading, singing, fishing, and melting, appear on the background screen different from the rating classified by the Game Water Management Committee, and provided them for the use of many and unspecified customers.

As a result, the defendant provided game water different from the classification of classification for use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. On-site reports (Attachment of on-site photographs), on-site photographs and rating photographs, and internal investigation reports: photographs of seized articles, photographs of seized articles, and report on internal investigation: Attachment of a reply requesting appraisal, response to the control support result (on-site police station of the relevant year);

1. Application of Acts and subordinate statutes to a report on investigation (where details of 112 declaration are attached), and a detailed statement of 112 declaration;

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 sentence like the order shall be determined by comprehensively taking into account the following circumstances in the grounds for sentencing under Article 48(1)1 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

Unfavorable circumstances: The Defendant provided game water different from the content of the rating classification, and acquired money through this.

The favorable circumstances: The defendant is led to confession and reflect.

There is no record of the same crime.

There is no criminal history above fines.