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(영문) 부산지방법원 2015.01.21 2014고단6424
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

The 40 units (No. 1), 40 units (No. 2), 10 units (No. 2), 40 units for seized game machines.

Reasons

Punishment of the crime

The Defendant, along with one-person “C”, operated “E” on the second floor of the building located in Busan Suwon-gu D, and kept 40 game products from April 5, 2014 to April 14, 2014 in order to provide customers with the said PC with 7th unit of the “Roka Tro” game machine, 6th unit of the “Molamiro” game machine, 27th unit of the “Spacece Pur”, and 40 units of the said PC from May 13, 2014 to May 15, 2014.

Summary of Evidence

1. Reporting on detection of violation places of business;

1. On-the-spot report (on-site and statement):

1. The reference inquiry report;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Game Industry and the Promotion of Alternative Punishment, and Selection of Imprisonment;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act and Article 44(2) of the Game Industry Promotion Act, including the fact that the defendant registered as an online computer game facility provider on April 4, 2014 and operated a business establishment without the actual operating period, and the crime of this case requires strict punishment of social harm, such as promoting a general public’s spirit of gambling and undermining his will to work, etc. The crime of this case requires strict punishment. It is not small in business size, and the defendant has the record of being punished for the same crime even in 2008, and other factors, such as the motive, means and result of the crime of this case, the defendant’s age, character and conduct, environment, criminal record, criminal record, etc., which are the conditions for the sentencing of this case, shall be determined as per the disposition.

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