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A defendant shall be punished by imprisonment for six 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
No one shall provide the distribution or use of game products with the contents different from those of the game products rated by the Game Rating Board, or display or keep such products for such purposes.
At around 15:40 on January 17, 2014, the Defendant installed 39 game equipment “W&D 3 Alph 3,” in C, which was located in B 1st, both cities, and provided customers with 39 game equipment.
The above game machine is pure ability game that requires active participation of users, and was rated as being unable to achieve the purpose of the game by simple manipulation or external device.
그런데 피고인은 이용자가 똑딱이(외부자동진행장치)를 버튼 위에 올려놓으면 이용자의 능력과 무관하게 정답이 선택되고 찬스타임에 도달할 수 있도록 하는 등 게임기의 내용을 등급분류 받은 내용과 다르게 제공하였다.
As a result, the Defendant provided C with game contents different from the rating classified by the Game Rating Board in the above manner.
Summary of Evidence
1. Defendant's legal statement;
1. Police seizure records;
1. Results of appraisal, replys and certificates of game products classification;
1. Application of Acts and subordinate statutes on site photographic materials;
1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: undermining the sense of work. favorable circumstances shall be decided as per Disposition for the reason that one's mistake is against himself, the beginning crime, and the number of business days in the game room.