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(영문) 춘천지방법원 2017.10.18 2016고정554
게임산업진흥에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

C is a person employed by E C in Chuncheon City D and 1 underground, and the defendant is a business owner.

An Internet computer game facility producer shall observe the hours for admitting juveniles (from 9 a.m. to 10 p.m.) prescribed by Presidential Decree.

Nevertheless, C violated the hours for admitting juveniles by allowing them to enter juvenile F, G, and H, which was held in the above place on September 2, 2016, and by using a computer installed in a cream room. As seen above, the Defendant was negligent in giving due attention and supervision to the relevant duties by allowing them to enter juveniles after 10 p.m. as such, C, which is an employee, to have access to juveniles after 10 p.m.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Each statement of G, H and F;

1. Application of Acts and subordinate statutes to photographs, reports on the arrest of cases, and reports on control of public morals establishments;

1. Relevant legal provisions concerning criminal facts, Articles 47 and 46 subparagraph 2 of the Act on the Promotion of Alternative Game Industry, and Article 28 subparagraph 7 of the same Act, and the selection of fines;

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;

1. The Defendant asserts that the Defendant did not neglect to exercise due diligence and supervision over the violation of the hours for admitting juveniles pursuant to Article 186(1) of the Criminal Procedure Act.

According to the evidence in the holding, the Defendant provided education to the employees of the Defendant’s cream room (hereinafter “cream room in this case”) on the condition that it would interfere with the Defendant’s access to the instant cream room after 10:00 hours. However, between 10:00 and 30:0, the Defendant provided education to the employees to check on the screen of member information entered in the operation system of the instant cream room, and provided them with education related to juveniles’ access at 10:00 hours after verbal time without additional education hours. G, before the beginning of work, F, and H are working hours of C.

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