The defendant shall be innocent.

1. A decision to revoke a rating has become final and conclusive on the ground that “the Han River”, which was produced at the New Youngtech in the facts charged, and received a rating from the Game Rating Board on February 1, 2012, falls under a speculative game product on January 9, 2013, and no person shall distribute or provide a game product the rating classification of which has been refused because it constitutes a speculative game product.

The Defendant, from January 9, 2013 to February 28, 2018, provided 20 game software games in the Dong-gu, Gwangju-gu, with 20 game software games in which the decision of revocation of rating has become final and conclusive by the Game Rating Board as above, for the use of the general public who established the said game software games and found the said games.

2. According to evidence adopted and examined by this court, the Game Rating Board decided to revoke a rating on the ground that the defendant's game machine used for the game room business constitutes a speculative game product, and the above decision is recognized as finalized on January 9, 2013.

However, there is no evidence to prove that the defendant, knowing the above circumstances, used the above game machine for the same period as stated in the facts charged.

Therefore, the facts charged in this case constitute a case where there is no proof of crime, and thus, the court acquitted the defendant pursuant to the latter part of Article 325