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(영문) 창원지방법원 통영지원 2017.09.20 2017고단790
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No one shall provide for use or use for profit-making purposes any content different from game products classified by a rating committee of video products.

From January 9, 2016 to March 4, 2016, the Defendant provided an unspecified customer who found the above establishment with PC 7 units from the “CPC room” located in Tong Young-si, and provided a game product with a content different from the content of the rating classification by providing it to an unspecified customer who found the above establishment through the “D’s online disguised site” through a manager page.

Summary of Evidence

1. Statement by the defendant in court;

1. List and record of seizure;

1. Investigation reports (on-site photographs, etc., attachment of registration data by the PC room), and the application of Acts and subordinate statutes on game water management committees as a result of appraisal;

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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 44 (2) of the Confiscation Industry Promotion Act;

1. The scope of applicable sentences under law: Imprisonment for one month to two years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and two months) of the type (the classification of the class and the provision for the use of game products different from the classification of the class) is nonexistent.

3. The fact that the defendant who was sentenced to a suspended sentence of imprisonment for the same crime is under the disadvantage of the defendant.

On the other hand, the defendant appears to have minor profits from the crime of this case, and the amount and period of the act of using and providing game products different from the classification of this case, the time interval with the same kind of occupation, the defendant's age, sexual conduct, environment, motive and circumstance after the crime, etc. are set forth in Article 51 of the Criminal Act and the Supreme Court's sentencing committee.

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