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(영문) 수원지방법원 성남지원 2017.05.10 2016고단3451
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From Sep. 2016 to Oct. 19, 2016, the Defendant, without registering with the Gwangju City Mayor on the “C” road located in Gwangju City, set up one game product, which is a game product of the class A to be used by all customers, and provided them for customers’ use.

Accordingly, the defendant is running the juvenile game providing business without registering with the competent Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs and investigative reports (interpellations about the rating of games);

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 the Alternative Game Industry, and Selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment], the basic area ( April to October) of the type 1 (game manufacturing industry] (the person who is subject to special sentencing];

2. A sentence of imprisonment with prison labor for eight months [Judgment by the prosecutor] / 4 months, and a sentence of imprisonment with prison labor for one year with prison labor for one year and one year with prison labor for a period of 2008, and was crackdownd at Sungnam-si around September 28, 2016, which was disadvantageous to the failure of the game of this case by October 19, 2016.

However, considering the favorable circumstances, such as the fact that the defendant is led to confession, reflects, and disposes of the game machine, the punishment shall be determined within the scope of the recommended punishment in accordance with the sentencing guidelines, and the execution of the punishment shall be suspended by taking into account the following factors: the defendant’s age, sex, environment, motive, means and consequence of the crime, and various sentencing conditions in Article 51 of the Criminal Act as stated in the records and arguments, including the circumstances after the crime.

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