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(영문) 수원지방법원 성남지원 2018.05.30 2018고단630
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism which intend to run a juvenile game providing business shall be installed and registered with the competent authority.

Nevertheless, from Jun. 2017 to Feb. 19, 2018, the Defendant did not register with the competent authority, and installed one game machine for “rive food”, which was rated as a whole by the committee on water management in front of convenience stores, and offered many and unspecified persons to use game water.

As a result, the defendant operated the juvenile game providing business without registering it.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (Violation of the Act on the Promotion of Game Industry) and the application of field photographs-related Acts and subordinate statutes;

1. Article 45 of the relevant Act on criminal facts and Articles 45 subparagraph 2 and 26 (2) of the Act on the Promotion of the Alternative Game Industry (Options of Imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] [the scope of the recommended punishment], the basic area ( April to October) of the type 1 (game manufacturing industry] (the person who is subject to special sentencing];

2. Determination of sentence [Opinion of Prosecutor] Imprisonment with prison labor for 6 months [Judgment]; imprisonment with prison labor for 4 months; imprisonment with prison labor for one year and one year under suspended execution had been put into force several times, but the game machine re- installed and the operation thereof continued; and imprisonment with prison labor for the same kind of power has been multiplied by one another is chosen.

However, considering the favorable circumstances such as the defendant's confession, and the fact that the defendant does not operate any longer, the punishment shall be determined within the scope of recommended punishment according to the sentencing guidelines and the execution of the punishment shall be suspended, taking into account the following factors: the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various sentencing conditions in Article 51 of the Criminal Act as shown in the records and arguments.

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