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(영문) 대전고등법원 2019.10.31 2019누11130
영업정지처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the parties' claims are examined by adding the evidence submitted to the court of first instance to the

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance except for the dismissal of part of the reasoning of the judgment of the court of first instance as stated in the following Paragraph 2. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. Part II, Section 4, “Around April 17, 2018,” written in front of “the instant game machine” shall be added.

In Part 3, the above facts and the evidence in Part 13 shall be changed to "each of these facts, the evidence, and the evidence in Part 6 through 8".

From the third bottom to the second sentence, the phrase “it is reasonable to spring” shall be added to the phrase “(the plaintiff was finally determined by the summary order of KRW 2,00,000 on the charge of the violation of the Act on the Promotion of Game Industry).”

Part 4: The following shall be added to Part 8’s “high possibility of non-accident”:

Article 26 (1) [Attached Table 5] of the Enforcement Rule of the Game Industry Act

1. Paragraph (f) provides that the act of violation may be mitigated within the scope of 1/2 of the disposition standards in a case where it is deemed that the act of violation is caused by minor negligence or error, not by intention or gross negligence. However, considering the course and progress of the act of violation of this case, the degree of perception of the plaintiff, etc., it is difficult to deem that the plaintiff falls under such cause.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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