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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 26, 2013, the Defendant was sentenced to six months of imprisonment and two years of suspended execution at the Daejeon District Court, and the above sentence was finalized on July 4, 2013.
Criminal facts
1. On June 10, 2013, the Defendant: (a) requested that the game machine be supplied from E, the owner of the said game room business (hereinafter “FFF”) in the Namdong-gu Incheon, Incheon; (b) installed 44 games of “sea & native game”, which are the game products classified by the Game Water Management Committee, as classified by the said Committee; and (c) changed to automatically run the game without any user’s manipulation.
As a result, the Defendant conspired with E and displayed and stored game water for the purpose of providing game water different from the contents of rating classification.
2. On June 2013, upon the request from the above E, the Defendant supplied 39 games of “sea & native game”, which are the game products classified by the Committee on Water Management, to the said paragraph (1) D gameland, in the form of altering the game to automatically proceeds without the manipulation of users.
As a result, the Defendant distributed game water different from the classification of classification.
Summary of Evidence
1. Statement by the defendant in court;
1. Court rulings (E);
1. On-site photographs;
1. Responses requesting cooperation in investigation (marine and natives);
1. Application of Acts and subordinate statutes on response as a result of appraisal;
1. Relevant legal provisions concerning criminal facts, and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, and Selection of imprisonment with prison labor;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
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. It is necessary to consider the fact that the sentence of Article 62(1) of the Criminal Act was once the same criminal history as the sentencing reason of the suspended sentence, but it is a crime before the case, confession and reflects, and equity with the case of a concurrent judgment with a crime of violation of the Game Industry Promotion Act as stated in the judgment of the court below. In addition, the defendant's age, sex, environment, motive for the crime.