(영문) 대구지방법원 2016.06.03 2015노2590 | 리걸엔진

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(영문) 대구지방법원 2016.06.03 2015노2590

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is merely operating the game of this case for three days from July 13, 2014 to July 15, 2014, and the profits earned by operating the game of this case shall not exceed KRW 15 million.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case and ordered the additional collection of KRW 15 million, which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence sentenced by the lower court (ten months of imprisonment, two years of suspended sentence, protection observation, confiscation, additional collection KRW 15 million) is too unreasonable.

2. Determination

A. (1) The judgment on the assertion of mistake of fact was first made on the following circumstances acknowledged by the evidence duly admitted and investigated by the court below regarding the period of operation of the game of this case. In other words, the defendant, from June 6, 2014 to August 30, 2014, stated that "the defendant was the head of the game of this case at night" at the prosecutor's office in B during the period from around 14:00 each day to around 03:00 (Evidence No. 874 of the evidence record). The fact that the defendant appears to have made a mobile phone call near the game of this case (Evidence No. 711 of the evidence record). ② The co-defendant of the court below started the game of this case from the prosecutor's office on May 2014.

It is not between the head of the game, but one to two times a week.

A statement to the effect that “” was made (Evidence No. 869 of the Evidence Records), June 12, 2014, June 19, 2014, and June 22, 2014, the fact that the Defendant and the mobile phone conversations were viewed to have been made in the vicinity of the game site of this case (Evidence No. 1223 of the Evidence Records), and 3. The game site of this case was expressed to customers.

F took place at the police on June 2014, which was before the month of control, to the head of the game of this case at least two to three times.

In full view of the facts stated as “” (Evidence No. 611 of the evidence record), the fact that the Defendant operated the head of the instant game room from June 2014 to July 15, 2014, as indicated in the instant facts charged.

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