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A defendant shall be punished by imprisonment for not more than ten 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
The Defendant is equipped with four computers in Yangcheon-gu Seoul Metropolitan Government and is a person engaged in the business of providing Internet computer game facilities in the name of “CPC room,” and the “Swit Game” was rated by the Game Water Rating Board members’ meeting with the content that users directly create analone and enjoy a game by generating analone.
No one shall provide contents of a game product for the distribution or use of, or display or store for such purpose, a game product of which contents are different from those rated by a game product rating member's meeting.
Nevertheless, from August 2015 to September 6, 2016, the Defendant received cash directly from an unspecified number of customers who found his/her place from the above PC room, and created by using the manager’s program in the above PC room in advance, and then charged the game machine at the rate of KRW 10,000 per won per cash on the Switzerland game site, and let the customers enjoy the game at the Switzerland game site by using the above PC.
As a result, the Defendant provided game water for use different contents from the rating of the Game Water Rating Board.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. On-site photographs;
1. A manual for Switzerland;
1. The application of the questioning reply (Stwit and 2 head-on, et al., Seoul Yangcheon Police Station)-related statutes;
1. Article 45 of the relevant Act on criminal facts and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry (Selection of Imprisonment with labor);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment] and the basic area (from June to January to February) of the category 1 (the use and provision of game products different from the classification of the classification) is nonexistent;
2. The defendant who has been sentenced to a suspended sentence for the same kind of offense;