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(영문) 대구지방법원 서부지원 2018.10.12 2018고단1059

게임산업진흥에관한법률위반

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A defendant shall be punished by imprisonment for not more than ten 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 operated the C entertainment room on the 2nd floor in Daegu Seogu, Seogu.

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, from January 17, 2018 to February 16:00, 2018, the Defendant installed 40 game for the “Franch” game and offered it to unspecified customers for use by the general public, even if he did not obtain the highest score differently from the rating classified by the Game Water Management Committee.

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 police against D;

1. Responses to the results of each control support;

1. Application of Acts and subordinate statutes on control field 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 crime of providing illegal games for the reason of sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry, Article 48(1) of the Criminal Act is highly harmful to society, such as encouraging a speculative spirit, hindering sound labor, and neglecting criminal proceeds, and taking into account the fact that the quantity of the illegal games of this case is considerable, there is a need to strictly punish the Defendant.

However, in full view of all the circumstances such as the fact that the defendant recognized his mistake and did not repeat the crime, the fact that there is no criminal record for the same kind of crime and there is no criminal record exceeding the fine, the circumstances of the crime, the period of the crime, and the record of the crime, the sentence is