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(영문) 서울남부지방법원 2018.11.21 2018고단3728
게임산업진흥에관한법률위반
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to run a juvenile game providing business shall be equipped with facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and shall register with the competent authority.

Nevertheless, the Defendant, without being registered with the competent authority from December 2, 2017 to April 16:35, 2018, provided one game machine (Love Push) in front of the building in Yangcheon-gu Seoul, by installing one game machine, whose entire usage level was classified, in front of the building in Yangcheon-gu Seoul.

As a result, the defendant runs the business of providing unregistered youth games.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (Violation of the Act on the Promotion of Game Industry);

1. Application of statutes on site photographs;

1. Article 45 of the relevant Act on criminal facts, and Articles 45 subparagraph 2 and 26 (2) of the Act on the Promotion of the Alternative Game Industry, and Selection of imprisonment with prison labor;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the basic area of the first type (the game production and distribution business, the game manufacturing business) ( April to October);

2. Circumstances unfavorable to the determination of sentence: The circumstances in which the defendant had been punished for the same kind of crime prior to the instant case nine times: The defendant recognized the crime and reflects the wrongness; the defendant has no record of criminal punishment other than the above criminal records; as above, the above circumstances unfavorable to the defendant, such as the defendant's age, sexual conduct, motive, circumstance, means and consequence of the crime, and the sentencing conditions specified in the arguments and records, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors:

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