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(영문) 수원지방법원 성남지원 2017.03.22 2016고단3712
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. From September 1, 2016 to September 28, 2016, the Defendant established two game water of “E”, which is a game product of the class A used in the entire process, without registering the change to the head of the Gu in front of the “D convenience store” in Sungnam-si, Sungnam-si, and offered them for customers’ use.

2. From September 1, 2016 to September 28, 2016, the Defendant established one game product of “E”, which is a game product of the entire utilization category A, without registering to the head of the Gu in front of “G Mart” located in “G Mart” located in “F” in the Seongdong-si, Sungnam-si, and provided them for customers’ use.

3. From September 1, 2016 to September 28, 2016, the Defendant established one game material unit, “E,” which is a game product of the class A used in the entire process, without registering to the head of the Gu prior to the amendment on the roads of “I” located in the Sinnam-si H, Sungnam-si, and offered it to customers for use.

Accordingly, the defendant did not register with the head of the competent Gu and run the juvenile game providing business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each photograph, rating and explanatory note;

1. Subparagraph 2 of Article 45 and Article 26 (1) of the Act on the Promotion of Game Industry, the selection of a sentence of imprisonment with labor, concerning facts constituting a crime;

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 on the suspended execution;

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment], the basic area ( April to October) of the type 1 (game manufacturing industry] (the person who is subject to special sentencing];

2. Determination of sentence [Opinion of Prosecutor] 10 months of imprisonment with prison labor / [Judgment] 6 months of probation, 2 years of probation, community service work 40 hours, etc. under favorable circumstances, such as the confession of a defendant, reflects himself/herself, and the fact that he/she seems to dispose of all games, etc., the defendant's age, sexual conduct, environment, motive and means of crime shall be taken into consideration.

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