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A defendant shall be punished by imprisonment for not less than eight 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
From March 25, 2012 to April 26, 2012, the Defendant operated a game room without trade name on the second floor of the building B in Gwangjin-gu Seoul Special Metropolitan City, and operated a game room with 25 computers with “sea space”, 10 computers with “sea space”, and 14 computers with “sea space”, which are game products not classified, and provided game products without rating by allowing customers to play a game, and customers who find the place to use the game without rating. If customers request money exchange, the Defendant’s business is to exchange the amount equivalent to the amount recorded in the card of the game machine with the accumulated points less 10% of the accumulated points calculated on the screen of the game machine, thereby exchanging the amount equivalent to the amount recorded in the card of the game machine with the accumulated points.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements in C, D, E, F, G, and H;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes on an investigation report;
1. Relevant legal provisions and the choice of punishment for facts constituting a crime: Imprisonment with prison labor under Articles 44 (1) 2 and 32 (1) 1 of the Game Industry Promotion Act, Article 30 of the Criminal Act ( point of providing game products not rated), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, and Article 30 of the Criminal Act;
1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. Confiscation: Article 44 (2) of the Game Industry Promotion Act and Article 48 (1) 1 of the Criminal Act;
1. Collection: The punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for the sentencing of Article 44(2) of the Game Industry Promotion Act. favorable circumstances: the time of committing a crime; the time of committing a crime; the fact that the period of operating the game room is not longer known; and the punishment is imposed for the same kind of crime.