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(영문) 창원지방법원 2013.04.04 2012노2179
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles or erroneous determination of facts (1) In the case of a case game where juveniles are not permitted to use the game of this case, it shall be interpreted as "game products different from the game contents classified" which are subject to criminal punishment pursuant to Article 45 subparagraph 4 of the Game Industry Promotion Act only in the case of changing the input amount which would induce a person to input a ice or high amount. The court below determined that the game of this case is "game products different from the game contents classified" in light of a significant change in the game of this case, and found the facts charged of this case guilty, by misunderstanding facts or misapprehending legal principles. The court below erred in the misapprehension of legal principles, which affected the conclusion of the judgment.

(2) Although the Defendant knew of the fact that the instant game product was changed in addition to time suspension function and partial revision, the Defendant did not recognize that it constitutes content revision and post revision of the game product as stipulated in the Game Industry Act, and did not recognize that it was an alteration of the game product subject to criminal punishment under the Game Industry Act, the lower court recognized that the Defendant had intention to use the game product different from that of the game product whose classification was rated, and thus, the lower court erred by misapprehending the fact and adversely affected the conclusion of the judgment.

B. The fact that there was no criminal record related to the change in the contents of an unreasonable sentencing decision, the defendant's business period does not exceed 20 days, the defendant's entire seizure of a game machine up to KRW 100 million, thereby causing enormous property damage, and the defendant did not commit criminal acts such as money exchange.

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