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(영문) 창원지방법원 2012.10.26 2012고단2606
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall provide game products with the contents different from those of the game products rated by the Game Rating Board for use.

The defendant from March 20, 2012 to the same year.

4. By December, 12, Defendant E, located in the window of Changwon-si, set up 30 Win Ful Plokier game products with the content that time suspension function is added differently from the rating obtained, and that the satisfaction table is modified, provided customers for their use.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by the prosecution (second time);

1. Application of Acts and subordinate statutes to field photographs, reports on appraisal results, records of seizure, investigation reports (Attachment to statements on game products with windsury);

1. Relevant Article of facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry (the point of providing game products, the contents of which are different from the classification, and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Determination as to the assertion by the Defendant and the defense counsel under Article 48(1)1 of the Criminal Act, Article 44(2) of the Game Industry Promotion Act

1. The modification or alteration of the contents of a game product under Article 32(1)2 of the Game Industry Promotion Act (hereinafter “the Act”) refers to the modification or alteration of the contents of a game product with speculative contents. The game product in this case does not change the contents of a game product with speculative contents since the addition of part-time suspension function and the alteration of satisfaction with the game product in this case did not change the contents of a game product with speculative contents. Thus, the facts charged in this case does

(2) Even if the contents of a game product are satisfied, the defendant did not have intention because he knew that the contents of the game product were changed.

2. Determination

A. Regarding the objective constituent elements of a game product, the definition of information about the contents of the game product (Article 2 Subparag. 2 of the Act), the purpose of establishing the Game Rating Board (Article 16 of the Act), the purpose of the rating system (Article 21 of the Act), and speculative game products.

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