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(영문) 수원지방법원 2013.06.13 2012노5000
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. According to the statements of F and G operated by the defendant of mistake of facts in EPC room (hereinafter “instant game room”), the court below acquitted the defendant of this part of the facts charged on the ground that there is insufficient evidence to support this part of this part of the game room, which affected the conclusion of the judgment by misunderstanding of facts.

B. In light of the overall sentencing conditions in the instant case of unfair sentencing, the lower court’s imprisonment (the imprisonment for eight months, the suspension of the execution of two years, the probation, the community service for one hundred and twenty hours, and the confiscation) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. The Defendant of this part of the facts charged deleted from the lower court’s judgment from September 2010 to July 8, 201, to seven computers available to the Internet in the EPC room operated by the Defendant at Sinsi-si (D 108), unlike the contents rated, on the seven computers available to the Internet. The Defendant installed the game machine unit, entrance condition, and changed the sales price, etc., and sold the game machine pre-paid cards to customers, and had customers visit the said site at other places by visiting the said “Som’s game site.” In the case of the above “Som’s game,” the Defendant arranged or purchased the game machine to exchange, exchange, or buy profits by using the game machine in cash held by customers, etc., while the game was rated as unable to exchange the game machine in cash, but the Defendant intended to do so for the said period of 90 years.

B. The lower court’s judgment is that of this part of the facts charged.

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