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집행유예
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(영문) 의정부지방법원 고양지원 2007. 2. 1. 선고 2006고단1790 판결
[음반·비디오물및게임물에관한법률위반][미간행]
Escopics

Defendant

Prosecutor

For identity

Text

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

One day from the number of detention days before this judgment is pronounced shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant shall be ordered to provide community service for 80 hours.

No evidence 1 to 5 shall be confiscated.

Criminal facts

The Defendant is a person who operates a horse entertainment room in the name of “○○○○” in the Goyang-si Port (hereinafter omitted) Dong in Manyang-si, Manyang-si, the Defendant, in collusion with Nonindicted 1 and 2, who is an employee, and the “Royin,” which is a screened horse game machine in accordance with the standards for dealing with gifts published by the Ordinance of the Ministry of Culture and Tourism, should not be given gift such as gift certificates, etc., although it is deemed a speculative game product.

1. On October 15, 2006, at the above entertainment room around 21:30, the above non-indicted 1 and 2 violated the standards for free gifts by assisting the defendant's business in accordance with the defendant's instruction and providing 100 points for customers who set up 40 game machine and large scale stuffs and in accordance with the points obtained from the above entertainment room.

2. On the 16th of the same month, at around 06:00, the criteria for free gifts were violated in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of Nonindicted Party 1 and 2

1. Statement of seizure of each police;

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Article 50 subparag. 3, Article 32 subparag. 3, Article 30 of the Sound Records, Video Products and Game Software Act, Article 30 of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Consideration, etc. that the defendant repents the wrongs of the defendant)

1. Social services;

Article 62-2 (1) of the Criminal Act

1. Confiscation;

Article 48(1) of the Criminal Act

Judge Lee Jae-soo

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