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(영문) 의정부지방법원 2017.11.02 2017노1915
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged, but the lower court erred by misapprehending the facts in light of the Defendant’s assertion and the evidence of this case at the lower court.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant: ① the program stored in the game of this case at the time of control is identical to the program at the time when the classification of classification of the game of this case and the decision to maintain each class was made; ② the game of this case has the function of so-called example

(3) The game of this case has such function in the game of this case.

Even if the defendant had no intention to provide a game product with an example function, it was argued that the defendant had no intention to do so.

The lower court rejected the Defendant’s allegation on this point by comprehensively taking account of the circumstances in its ruling, and thereby finding the Defendant guilty of the facts charged.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding of facts, as alleged by the defendant.

subsection (b) of this section.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

1) The Defendant asserted that there is no difference between the program submitted to the Game Water Management Committee at the time of the classification and determination of the rating of the instant game product and the program at the time of regulation (No. 11 of the Document No. 2 of the Evidence Records). However, at the time of control, it was confirmed that the “working file” of the instant game product and the “working file” of the instant game product at the time of the self rating maintenance decision on January 15, 2015 were the same.

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