The case affirming the judgment of the court below which held that the defendant's act of fixing the beginning pressing of the amusement machine by connecting a drum card with the outside of the amusement machine, and making customers play the game by the method of continuing to play the drums by using it does not affect the contents of the game, and it cannot be viewed as a violation of Article 21 (1) of the Sound Records, Video Products and Game Products Act.

Article 21(1) of the Sound Records, Video Products and Game Software Act

Defendant

Prosecutor

Busan District Court Decision 2005No1943 delivered on August 19, 2005

The appeal is dismissed.

According to the selected evidence, the court below affirmed the judgment of the court of first instance which acquitted the defendant as to the violation of the Sound Records, Video Products and Game Products Act among the facts charged of this case on the ground that the defendant's act was committed in the intention of promoting speculation or that it cannot be deemed that the contents of the game was changed, and there was no error in the misapprehension of legal principles as to Article 21 (1) of the aforementioned Act, as argued in the Grounds for Appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-dam (Presiding Justice)