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(영문) 부산지방법원 2016.06.29 2016고정1694
게임산업진흥에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 26, 2015, the Defendant, without being registered with the head of the competent Gu, operated a business providing non-registered game software in a way that, on August 26, 2015, 21:50, the Defendant set up two game machine in front of the C Mt in Busan Dong-gu, Busan, and on August 27, 2015, 15:5:40 of the same month, he/she operated a business providing non-registered game by setting up two game machine in front of the C Mt in Busan, Dong-gu, Busan, and 27:40 of the same month.

2. On August 26, 2015, the Defendant violated the School Health Act: (a) around 21:50 on August 26, 2015, (b) around 86 meters away from G elementary schools located in Busan Eastdong-gu F, the Defendant: (c) 2 of the said C Mart game machine; (d) at H female high schools, 117 meters away from H female high schools, and (e) provided games in the school environment cleanup zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written decision on the classification of game products, such as detection and report of each violator, on-site photographs, information service in each school environment cleanup zone, and game products;

1. Relevant legal provisions of facts constituting a crime, and Articles 45 subparagraph 2, 26 (2) of the Act on the Promotion of Alternative Game Industry (the point of each registered juvenile game providing business), 19 (2), and 6 (1) 16 of the School Health Act (the point of each school environmental sanitation and cleanup zone), and selection of fines;

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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