(영문) 부산지방법원 2016.02.17 2015노4435 | 리걸엔진

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(영문) 부산지방법원 2016.02.17 2015노4435

게임산업진흥에관한법률위반등

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Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant A (the imprisonment of one year and two months, confiscation and collection) is too unreasonable.

B. The Defendants’ respective statements concerning the period of operation of H Gameland (hereinafter “the instant game site”) as indicated in the judgment of the court below cannot be acknowledged credibility in light of the following: (a) the Defendants’ respective statements are consistent or inconsistent, and Defendant A showed active behavior to reduce the period of operation; (b) on the other hand, in full view of the Defendants’ operating method of the instant game site and the amount of electricity consumption, the Defendants conspired with each other to operate the instant game site for the remainder (hereinafter “period of innocence”) excluding the remainder of 13 days which the lower court found guilty from April 25, 2015 to May 17, 2015 (hereinafter “period of innocence”).

Although it is reasonable to see that the court below acquitted the Defendants of violation of the Act on the Promotion of Game Industry during the Period of Innocence (hereinafter “not guilty portion”) among the facts charged in this case, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination:

A. 1) The summary of the lower judgment on the Defendants’ assertion of misunderstanding of the facts against the Defendants is as follows: (a) Defendant A operated the instant game hall in the name of “H gameland” on the first floor underground located in Jung-gu, Busan; (b) Defendant B, from the carter of the instant game hall, contacted with “lobbbbing” in the name of a non-electricly named “electricly named” and managed the instant game hall overall, such as either paying a coo or managing funds to customers; and (c) one-day “lobbbbing” outside the instant game hall was recruited to guide customers to enter the game site of this case.

The Defendants conspired with the lower court for the period of innocence (from April 25, 2015 to the same year).

5. 13 days which the court below found guilty from the time of 17.

참조조문

-게임산업진흥에 관한 법률

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