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(영문) 광주지방법원 2017.04.27 2016고정1767
게임산업진흥에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The defendant is a person who actually manages the Cpc room in Nam-gu, Nam-gu, Gwangju.

On September 17:30 on September 17, 2016, the Defendant provided D (12 tax) games under the age of 15, which are game objects of the age of 15, for which the Committee on Classification of Game Contents, etc. grants a street rating of 15 years of age to the above-time room.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. The relevant criminal facts and Articles 46 subparag. 3 and 32 subparag. 3 of the Act on the Promotion of the Alternative Game Industry (amended by Act No. 14199, May 29, 2016) were punished for providing a violation of grading in respect of all classified game products, such as “15 years of age”. However, since January 1, 2017, it was revised to punish a violation of grading in relation to only the classified game products of “not permitted for use by juveniles” as a result of the revision of the legal ideology, but it cannot be deemed that the amendment cannot be deemed that the previous punishment itself was unfair or that the punishment was excessive due to the revision of the legal ideology, and that the selective fine was imposed).

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The Defendant’s assertion on Article 59(1) of the suspended sentence of sentence (a postponed: a fine of KRW 500,000) of the Criminal Act argues to the effect that the Defendant’s game user’s act of playing a game by obtaining cell phone authentication with his mother’s personal information, not providing a user under the age of 15, but, in order to punish the Defendant, the Defendant should prove that the Defendant’s act of promoting or implieding the use of the game by a game user under the age of 15 should be proven.

However, the defendant's act of allowing users to access and use the computer installed in the room is evaluated as providing game water to users.

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