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(영문) 대전지방법원 천안지원 2016.02.17 2015고단2021
게임산업진흥에관한법률위반
Text

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 an operator of the DPC room located in Asan City (hereinafter “DPC room”), and E, as an employee, was in charge of cleaning, exchange, etc. in this game site.

No one shall distribute or use game water different from the contents of the rating, and shall exchange or arrange the exchange of tangible or intangible results obtained through the use of the game water.

From September 12, 2013 to July 22:40, 2015, the Defendant installed six computers in the instant game room and installed six computers, and had customers engage in gambling and other speculative acts by using game water, unlike the contents of the rating of “Dori-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning the suspect interrogation protocol of each police officer regarding E;

1. Entry into a protocol of seizure and a list of seizure;

1. Investigative reports (in the event that the use of a management program is altered, attaching replies to the Game Water Management Committee for the purpose of changing the program; and

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 1, Article 28 subparagraph 2 (the encouragement of speculative acts using game water), Article 44 (1) 2, and Article 32 (1) 7 (the point of exchanging game products) of the Game Industry Promotion Act, Article 45 subparagraph 4 and Article 32 (1) 2 (the point of exchanging game products) of the Act on the Promotion of Game Industry, Article 45 subparagraph 4 of the Act on the Promotion of Game Industry, Article 32 (1) 2 (the point of providing game products with contents different from the rating classification) of the Act on the Promotion of Game Industry, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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