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(영문) 의정부지방법원 2016.03.11 2015노390
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The game water of the game of this case established by the Defendant in the head of the game (hereinafter “the game water of this case”) is the game water of the same contents as the game water classified by the game water management committee, and there is no example function such as the statement in the facts charged.

B. Even if there was an example function different from the original rating classification on the instant game product, the Defendant did not know at all about such content, and thus, the Defendant had intentionally committed an act on the provision for use to the Defendant.

shall not be deemed to exist.

(c)

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance trial, the prosecutor applied for the amendment of the indictment with respect to the amendment of the indictment, which changed the phrase “the example function” of the 2th sentence of the judgment of the court below to “the example function” “the example function”, and the subject of the judgment was changed by this court.

Therefore, the judgment of the court below cannot be maintained as it is.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court despite the above reasons for reversal of authority, and this is to be examined below.

3. Judgment on the assertion of mistake of facts

A. The subject of the rating classification under the Game Industry Promotion Act is the content of the game product that is not the game product or program itself, that is, the content of the game product that is not the game product or program itself, and the content of the game product contents attached thereto. As such, the “act of providing game products for use different from the content that received the rating” under Article 32(1)2 of the Game Industry Promotion Act refers to the act of changing the contents of the application and the attached description, as well as the act of changing the contents of the attached description.

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