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(영문) 서울북부지방법원 2017.07.06 2017고정1011
교육환경보호에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to run a juvenile game providing business in violation of the Act on the Promotion of the Game Industry shall register with the competent authority equipped with the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism;

Nevertheless, the Defendant did not register with the competent authorities, from January 1, 2017 to March 22:50, 2017, the Defendant run a juvenile game providing business by installing one gift game machine called "PLUS CDRE", which is a game product in front of the C cafeteria located in Jung-gu Seoul Metropolitan Government, which was rated as a whole, on the street in front of the C cafeteria, and allowing an unspecified number of people to put and use the street.

2. A person who violates the Educational Environment Protection Act shall undergo deliberation by a local committee, if he/she intends to establish a game industry facility in a relative protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Nevertheless, without deliberation, the defendant set up a game product such as the preceding paragraph at the place of a relative protection zone of D elementary school at the same time as specified in the preceding paragraph and provided it to unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Scenic photographs;

1. Application of Acts and subordinate statutes to a written investigation confirmation;

1. Relevant legal provisions concerning criminal facts, Articles 45 subparagraph 2 of the Act on the Promotion of the Alternative Game Industry, Article 26 (2) of the Act on the Promotion of the Game Industry (Violation of the Act on the Promotion of Game Industry), Articles 16 (1), 9 of the Act on the Protection of Educational Environment (Violation of the Act on the Protection of Educational Environment), and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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