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(영문) 전주지방법원 2019.07.04 2019고단558
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Punishment of the crime

No person shall provide game products for distribution or use which have not been classified, or display or store them for such purposes.

Nevertheless, from July 2018 to December 19, 2018, the Defendant installed three game for pyfin2, which was not classified by the Game Rating Board from the Yansan-gu B underground warehouse in the Jeonju-si, Yansan-si, and installed three game for pyfin2, which was not classified by the Game Rating Board, and made it available to customers.

As a result, the defendant provided or stored game products which were not classified.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on internal investigation:

1. Field photographs, etc.;

1. Detailed information on game products of piracyF2;

1. Detailed information on the physical posters game products;

1. Application of Acts and subordinate statutes to investigation reports (the investigator of the Game Rating and Administration Committee for telephone communications);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the distribution of illegal game products, etc. [Type 2] There is no unregistered and speculative game products, speculative game products, speculative gaming machines, online sports soil issuance system (special person] [the scope of recommendation field and recommendation range], the basic area of recommendation [the scope of recommendation field and recommendation range], and August through June;

3. The sentence shall be determined as ordered by taking into account the following conditions of sentencing, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

The lease of underground warehouses and operation of the ungrade speculative game products for a long time, and the defendant confessions that he/she has been punished four times for the same crime and reflects that he/she has been punished for the same crime.

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