beta
(영문) 부산지방법원 2015.10.08 2015고단5486

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight 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

A person is prohibited from providing a game product that has not been classified for distribution or use, or displaying or keeping it for that purpose. However, around April 6, 2015, the Defendant opened a game room in the name of "D" in Busan Jung-gu, Busan, and kept the game product in the form of casino gambling in the form of casino 40 game products that was not classified by the Game Rating Board, in order to provide it for the use of an unspecified large number of customers by installing a game product in the table PC 40.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Requests for the results of appraisal;

1. Application of Acts and subordinate statutes of report on internal investigation (as to attachment of field photographs), investigation report (Evidence No. 12 No. 12);

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Game Industry and the Promotion of Alternative Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentence of sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry, Article 48(1) of the Criminal Act is to be imposed in consideration of all the circumstances, including the following: (a) the reason for the sentencing [the scope of recommendation] of illegal game products, etc. [the scope of punishment] that there is no basic field [the person who has been sentenced to punishment for the same kind of crime or suspended execution of a sentence] [the person who has no past record of being sentenced to punishment for the same kind of punishment or punishment for the suspension of a sentence of a sentence] [the decision of sentence]]; (b) the defendant was discovered at the preparation for the business after the construction of a game product and did not obtain any operating profit; and (c) his/her mistake is remarkably divided and reflected.