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(영문) 서울중앙지방법원 2016.06.28 2016고단1639
게임산업진흥에관한법률위반
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Seized evidence as referred to in subparagraphs 1 through 7 shall be confiscated;

Reasons

Punishment of the crime

No one shall distribute, use, provide for use, display, or keep any game product with a content different from those of the game product classified by a game product grade member's meeting.

The Defendant, who operated a juvenile game providing business on the ground floor of the building located in Gwanak-gu in Seoul Special Metropolitan City, with the trade name "E", was a person who operated the game providing business. The Defendant, from April 10, 2015 to May 4, 2015, installed 192.02 square meters in the game room, and operated 50 games of "OCEE LEGND 3" (OEEEEND3) game classified by the Council of the water grade members, and operated 50 games of "OEEGN 3" game, which were generated by the game water grade members' meeting to store one item card at the time of acquisition and, even if he/she did not acquire an item, he/she provided the "LIE" game to ensure that it will not be used in the game machine, and even if he/she did not acquire the item, he/she did not provide the "OE items" to the so-called "I items.

As a result, the Defendant committed an act of distributing, providing for use, or displaying and keeping game products different from those classified by a game products rating committee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to F, G, H, and F;

1. E-learning photographs;

1. Application of each of the existing Acts and subordinate statutes of subparagraphs 1 through 7 of seized evidence;

1. Relevant legal provisions concerning criminal facts, and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, and Selection of imprisonment with prison labor;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act and Article 44(2) of the Act on the Promotion of Game Industry [the scope of the punishment recommended in the sentencing guidelines] are provided for the use of illegal game water (the classification of the class and the provision for the use of game water different from the classification thereof).

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