(영문) 부산지방법원 2014.04.25 2014노732 | 리걸엔진

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(영문) 부산지방법원 2014.04.25 2014노732

게임산업진흥에관한법률위반

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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced the defendants to the defendants (the defendant A: 10 months of imprisonment and the defendant B: 6 months of imprisonment) is too unreasonable.

B. Prosecutor 1) Under Article 44(2) of the Game Industry Promotion Act, Defendant A shall collect 6 million won from the business of the instant illegal game room under Article 44(2) of the Act on Promotion of the Game Industry, but the lower court erred by omitting additional collection against Defendant A, thereby affecting the conclusion of the judgment. 2) Each of the above types of penalties imposed by the lower court on the Defendants on the Defendants is too uneasible.

2. Determination

A. We examine the Prosecutor’s assertion of misapprehension of the legal principles as to Defendant A, and KRW 6 million, for which the Prosecutor seeks additional collection, is based on the Defendant’s statement on the total profits earned from the “the instant game machine” in the prosecution investigation process. The following circumstances, namely, ① the Defendant’s seal controlled from February 1, 2012, which was duly adopted and investigated by the lower court, are acknowledged by the evidence duly adopted and investigated by the lower court.

8. From August 4, 2012 to December 13, 2012, the game room was provided to customers with the game machine and operated the game room. However, it appears that the defendant provided the game machine and stated to the effect that the total profit earned during the period of actual operation of the game room remains at KRW 6 million. ② The facts charged in this case are about the fact that the defendant operated the game room business in this case for about 10 days from August 4, 2012 to March 13, 201, and it is difficult to calculate the profit earned from the operation of the game room for about 10 days which was charged for the period of not conducting the game room business as seen in the above paragraph. In full view of the above, it is difficult to view that the criminal profit 6 million won for which the prosecutor seeks collection was specified as the profit earned by the defendant as a result of the charges in this case.

참조조문

-게임산업진흥에 관한 법률 제44조 제2항

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