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(영문) 춘천지방법원 강릉지원 2016.05.04 2016고단167
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

A person may not provide game water different from the game water classified by the Game Water Rating Board’s group for use. However, the Defendant provided the game water of contents different from those classified by the Game Water Management Board’s rating in Gangnam-si C and 2 from January 15, 2016 to January 21, 2016, by installing and altering the automatic reproduction program so that the game water of contents different from that classified by the Game Water Management Committee is automatically carried out, by allowing unspecified customers using the said game room to use it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records;

1. Two official gazettes of Gangnam-si, and an explanatory note on credit games in the sea;

1. Investigation reports (review reports related to the rating of the Game Water Management Committee);

1. Each report on internal investigation (for alteration of a game product, method of conversion of a game product);

1. Application of Acts and subordinate statutes on site photographs;

1. Article 45 of the relevant Act on criminal facts and Article 45 subparagraph 4, Article 32 (1) 2, and Article 21 (1) of the Act on the Promotion of Alternative Game Industry (Selection of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection, and Article 59 of the Act on the Observation, etc. of Protection;

1. Reasons for sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act [the scope of recommending punishment] The defendant's punishment is imposed within the scope of the recommended sentence according to the sentencing guidelines, taking into account the following factors: (a) the basic area (six months to one year and two months) of the first category (the classification of grades and the use and provision of game products different from the classification of grades) (the determination of sentence] immediately after the control, such as faithfully responding to the investigation; (b) the period of operation of the game room and the amount of profit; (c) the family environment and support relationship of the defendant; and (d) the criminal records of the defendant.

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