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(영문) 인천지방법원 2018.08.23 2018고단4803
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall distribute, provide for use, exhibit or store game products with a content different from those of game products classified as a rating.

Nevertheless, from April 9, 2018 to May 8, 2018, the Defendant operated the game room of the name “C” in the Namdong-gu Incheon Metropolitan City B building and the fourth floor 405, and provided an unspecified number of customers with a separate settlement window as not appearing on the screen, unlike the contents classified as the class of 40 units of the “B” game with a separate rating of street determination and not appearing on the screen. In short, the Defendant: (a) displayed the USB; (b) displayed the left-hand shoulder inside the game machine “3,3, 3, 3, 3, 3, 3, 3, 1, and 1”; and (c) opened a separate settlement window to make it available to the general public.

As a result, the defendant provided game products different from the game products classified as rating to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Answer of the result of enforcement support;

1. A certificate of classification of game product ratings and a game explanation;

1. Application of Acts and subordinate statutes to photographs that alter a water dog of alley game;

1. Article 45 of the relevant Act on criminal facts and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of the Alternative Game Industry (Selection of Imprisonment with labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommendations] The basic area (from June to January 1) of the first category (the provision for the use of game water different from the classification of grades) (the provision for the use of game water) is contrary to the defendant's decision] (the decision of sentencing is contrary to the defendant's decision of sentencing). The defendant has no criminal record of the same kind or suspension of execution, the motive and circumstance of the crime, the period and size of the business, the character and conduct of the defendant, the environment, etc.

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