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(영문) 서울남부지방법원 2016.10.21 2016노534
게임산업진흥에관한법률위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that acquitted Defendant B of this part of the facts charged, even if the Defendants’ conspiracy relation with the crime of violating the Game Industry Promotion Act by mistake of facts was recognized, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on Defendant A of unreasonable sentencing is too unhued and unjust.

B. (1) The judgment of the court below which found Defendant A guilty of the violation of the Game Industry Promotion Act is erroneous in the misapprehension of facts and affected the conclusion of the judgment, although Defendant A did not recognize the fact that the contents of the game of this case conflict with the law because it was different from the contents of the rating classification.

The sentence sentenced by the court below on unreasonable sentencing is too unreasonable.

2. Judgment on Defendant A

A. In full view of the following circumstances acknowledged by the lower court and the duly admitted and investigated evidence as to Defendant A’s assertion of misunderstanding of facts (the violation of the Game Industry Promotion Act), the lower court’s judgment convicting Defendant A of this part of the facts charged and its criminal intent is justified, and the Defendant A’s assertion of misunderstanding of facts is without merit.

(1) Unlike the original content of the game product classified, the game product of this case was fabricated so that it can be operated by betting and dividends. To this end, it is necessary to provide an exclusive computer and a separate authentication number, etc. for access to the site. Shed, unlike the general PC room, sold coophones that can be used as the game machine of this case without charge at a time, and made profits from the sales of the instant game machine, and the advertisement is not a “HPC room” but a “H horse,” on the ground that it is not a general PC room.

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