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(영문) 청주지방법원 2017.01.06 2016고정908
게임산업진흥에관한법률위반
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1. The defendant shall be punished by a fine not exceeding five hundred thousand won;

2. Where the defendant fails to pay the above fine, one hundred thousand won.

Reasons

Punishment of the crime

The defendant is a person who operates a PC room in the name of "D" from the Heak-gu Seoul Metropolitan City C4.

No one shall provide game products for use, in violation of the classification of ratings.

The defendant was discovered that he/she provided game water to juveniles under the age of 15 who are under the age of 15 and had a record of guidance twice.

Nevertheless, around 15:40 on September 30, 2016, the Defendant provided four juveniles under 15 years of age in violation of the classification by allowing them to use the “Terreshing” game classified as 15 years of age from the above DPC room to E ( South, 12 years of age), F ( South, 14 years of age), G ( South, 14 years of age), and H ( South, 13 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E, F, G, and H;

1. Application of Acts and subordinate statutes on rating classification determination;

1. Article 46 of the relevant Act on criminal facts and Articles 46 subparagraph 3 and 32 (1) 3 (Selection of Penalty Surcharge) of the Act on the Promotion of Alternative Game Industry (Optional to Penalty) concerning punishment;

1. Determination as to the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act, which are confined in a workhouse

1. The Defendant and the defense counsel asserted that the offer of a radioactive game was a blostroid, and the Defendant merely purchased the right to access the PC from the blostroid to offer it to the users of the PC, and thus, it does not constitute the offer of game water.

According to the evidence duly adopted and examined, it can be acknowledged that the Defendant purchased the right to access the PC game using the computer installed in the PC room from the PC screenr, and provided it to the PC users. According to the above facts of recognition, the Defendant may access the PC users to the PC game using the computer installed in the PC room.

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