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(영문) 인천지방법원 2019.02.14 2018고단8720
게임산업진흥에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a game room on the Bupyeong-gu B building in Incheon and the fourth floor.

No person shall provide game products for distribution or use which have not been classified, or display or store such products for such purposes.

Nevertheless, from October 12, 2018 to 16:50 of the same month from October 17, 2018, the Defendant installed 22 'Yatom' and 'Yatomp' in the game room, which was not classified by the Game Management Committee, and offered 6 'Yatomp' to many unspecified customers who find the place.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, D, E, F, and G;

1. The receipt of seizure records, on-site photographs of the seizure list, and the application of the Acts and subordinate statutes responding to the results of appraisal;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Game Industry and the Promotion of Alternative Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry Promotion [Scope of Recommendation] The basic area (8 to 16 months) (8 to 196 months) of the category 2 (Class-I and speculative game products, speculative gaming machines, online sports earth publishing system) shall be the business of an illegal game place without a special punishment. The business of an illegal game place is detrimental to the people's sound sense of work, and there is a considerable need for a strict punishment.

However, the defendant's mistake is recognized.

The period of business is not longer than a week.

There is no criminal record of the same kind.

The sentence shall be determined as per the order and the execution thereof shall be suspended, taking into consideration the following circumstances and other various sentencing conditions, such as the defendant's age, character and conduct, family relationship, and property status.

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