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(영문) 서울북부지방법원 2017.07.07 2017고정998
교육환경보호에관한법률위반등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to run a juvenile game providing business in violation of the Act on the Promotion of the Game Industry shall register with the competent authority equipped with the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

Nevertheless, the Defendant did not register with the competent authorities, from February 2017 to March 20, 2016: (a) from February 20, 2017, up to March 20, 2017, up to March 20, 2017, operated a juvenile game providing business by installing one free-to-p pop (TY PP) game machine, which is a game product that was rated as “C” in front of the “C” located in Jung-gu Seoul Metropolitan Government, and allowing an unspecified number of people to put and use a newspaper.

2. A person who violates the Educational Environment Protection Act shall undergo deliberation by a local committee, if he/she intends to establish a game industry facility in a relative protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, without deliberation, the defendant set up a game product such as the preceding paragraph at the place of a relative protection zone of "D kindergarten" as stated in the preceding paragraph and provided it to unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on control field photographs;

1. Subparagraph 2 of Article 45 of the relevant Act on the Promotion of the Game Industry Act and Article 26 (2) of the same Act on criminal facts (a point of operating the business of manufacturing juveniles without registration) and Articles 16 (1) and 9 of the Act on the Protection of Educational Environment (a point of facilities for the business of manufacturing games in an educational environment protection zone);

1. Selection of an alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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