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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
(2015 large group 2348) The Defendant: (a) from the end of October 2013 to the end of November 2, 2011 of the same year, from “D Gameland” located in Ulsan-gu, Ulsan-gu; (b) from the end of the same year, the Defendant started game by inserting money, unlike the contents classified as rating by the D Game Water Rating Board’s meeting, carried out the business of exchanging the game products by deducting 500 won per commission from the user’s use of the game products and exchanging the game products by exchanging them by exchanging them by exchanging them by exchanging them by exchanging them with an external device (e.g., automatic pressing), irrespective of the user’s ability.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of suspects of E, F, and G by the prosecution;
1. Statement made by the police with H;
1. Police seizure records;
1. Application of Acts and subordinate statutes to a criminal investigation report (limited to the attachment of money exchange videos and caps photographs), investigation report (referring to a reply requesting appraisal of game products);
1. Relevant legal classification of facts constituting a crime and the classification of the selective rating of punishment and the provision of game products for the use of a game product different from that of the selective rating: Exchange of game products under Articles 45 subparagraph 4 and 32 (1) 2 of the Game Industry Promotion Act (the option of imprisonment): Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of the Game Industry (the option of imprisonment with labor);
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the term of punishment calculated by adding the maximum term of both crimes prescribed in the Act on the Promotion of Game Industry due to the exchange of hot results of games)
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act, Article 44(2) of the Game Industry Promotion Act;
1. The recommended type of sentencing guidelines (the rating classification and the provision for the use of other game products): the provision for the use of illegal game products.