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(영문) 울산지방법원 2015.01.30 2014고단2895
게임산업진흥에관한법률위반
Text

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

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

Reasons

Punishment of the crime

No one shall provide a game product for use, which has not been rated as impeding the distribution order of the game product.

Nevertheless, the Defendant is the proprietor operating a game room in the mutual name operating "EPC on the D2th floor in Ulsan-gu, Ulsan-gu." From April 2014 to July 9, 2014, the Defendant installed 30 opper 10 oppers where he stored optototo-be game products not classified in the above game site, and had many unspecified customers find the above oppers by linking each opto-be and computer.

As a result, the defendant provided game products that was not rated for use.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police investigation protocol concerning the accused;

1. Police seizure records;

1. Each photograph;

1. Registration certificate of the provider of Internet computer game facilities;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of crime);

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Game Industry and the Promotion of Alternative Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The Defendant’s crime of this case on the grounds of sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry Promotion is a factor for sentencing unfavorable to the Defendant, which is disadvantageous to the Defendant, because of the high risk of leaving property losses in the light of economic failure by continuously using the users’ speculative spirit.

It is an element of sentencing favorable to the defendant that the defendant is committing a crime, that the defendant has no criminal records of suspended execution or more, and that the defendant has not been prosecuted for additional speculative acts such as exchange activities.

The scale of operation of the game room, age, character and conduct, environment, and after crimes.

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