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.

Punishment of the crime

No person shall provide game products for the distribution or use of the contents different from those of the rating, or display or keep such products for such purposes.

그럼에도 피고인은 2012. 9. 26.경부터 같은 해 10. 31.경까지 천안시 서북구 D게임랜드’를 운영하면서, 이용자의 판단에 의한 적극적인 참여를 필요로 하고 단순 조작 또는 외부 장치 등을 이용하여서는 절대 경품을 획득할 수 없는 게임물로 등급분류를 받았음에도 자동발사장치(일명 똑딱이)를 이용하여 게임이 진행되고 이용자의 적극적인 참여와 관계없이 경품이 배출되도록 개ㆍ변조된 ‘황금불새' 게임기 50대를 설치하여 손님들의 이용에 제공하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the examination of each police suspect against F and G;

1. Statement of the police statement related H;

1. Records of seizure and the list of seizure;

1. Application of a yellow game description and response Acts and subordinate statutes as a result of control support;

1. Article 45 of the relevant Acts on criminal facts and subparagraph 4 of Article 45 of the Act on the Selection of Game Industry and the Promotion of the Optional Punishment Act, and Article 32 (1) 2 of the same Act;

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. Reasons for sentencing under Article 48 (1) 1 and 2 of the Criminal Act, in light of the period and scale, etc. of operation of the game of this case, the liability of the defendant for a crime shall not be minor;

However, it is against the fact that the defendant recognized a mistake, there is no criminal record of the same kind and no criminal record of the suspension of execution or more, the defendant does not commit the same kind of crime as this case in the future, and the punishment like the order shall be determined in consideration of all the circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant.