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(영문) 창원지방법원 2018.07.06 2018고정308
게임산업진흥에관한법률위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a studio from the window B 1st of Changwon-si to the mutual name of “C”.

1. A person who intends to operate a juvenile game providing business shall be equipped with facilities and register with the head of the competent Gu;

Nevertheless, the defendant, without registering the juvenile game industry to the head of the competent Gu, has jurisdiction over the same year from February 1, 2018.

4. 3.까지 위 장소에서 스마일 토이 게임기 6대, 해 피켓 등 게임기 4대, 윷놀이 게임기 등 총 12대의 게임기를 설치하고 인형 뽑기 방을 운영하였다.

2. A person who intends to run a juvenile game providing business shall observe the hours for admitting juveniles (from 9 a.m. to 10 p.m.) prescribed by Presidential Decree;

Nevertheless, at around 02:00 on February 26, 2018, the Defendant violated the code of practice of a juvenile game providing business operator by accessing five persons, such as D (W, 14) juveniles, in a room of up to 02:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on internal accidents (verification of telephones related to registration of juvenile game providing business);

1. 112 Reporting case handling table;

1. A certified copy of each resident registration;

1. Application of each statute on 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 Alternative Game Industry (the occupation of running the business of manufacturing juveniles without registration, the choice of fines), Article 46 subparagraph 2 and Article 28 subparagraph 7 of the Game Industry Promotion Act (the occupation of violation of the hours for admitting juveniles, the selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the legislative purpose and purport of the Act for the Establishment of a healthy game culture for sentencing of Article 334(1) of the Criminal Procedure Act and the protection of juveniles from harmful environments, the Defendant has a manager who operates a juvenile game providing business without registration for about two months or longer.

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