All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts or misunderstanding of legal principles is an open market game product that can be classified by itself, and as such, the Defendant cannot be held liable for such fact, and the customers visiting the place of business have been autonomously downloaded, and as long as the Defendant or his employee did not participate, it cannot be deemed that the game was “use or provision of game products”.

(2) The lower court’s sentence against the Defendant of unreasonable sentencing (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The lower court’s sentence against the Defendant against the prosecutor (unfair form of punishment) is too unfased and unreasonable.

2. Determination

A. The lower court found the Defendant guilty of facts constituting a crime in full view of the following circumstances.

(A) According to Article 21(1)4 and Article 21(9) of the Game Industry Promotion Act (hereinafter “Game Industry Promotion Act”), certain game products, the prior classification of which through the Committee is inappropriate due to the characteristics, etc. of the production main distribution process of game products, are subject to self-rating, but those not permitted to be used by juveniles are excluded from those subject to self-rating.

However, the game of this case is a game in the form of “crypt current,” and itself constitutes a speculative game and is a game that is not permitted for use by juveniles.

Therefore, the game of this case is a game subject to classification, and it cannot be deemed that the Defendant is not liable solely on the ground that it believed that the game of this case is indicated as "total use price" in the sense that it is a game in the form of "promul current".

(B) Articles 44(1)2 and 32(1)1 of the Game Industry Act punishs an act of providing game products that have not been rated for use, and such act allows customers to use game products. Thus, the Defendant directly installs game products.