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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. From October 5, 2013 to March 28, 2014, the Plaintiff leased Nos. 307 of the Sinsan-si B Building 307 and operated a game room with the trade name “C Game Place” from around October 5, 2013 to around March 28, 2014.
나. 일산경찰서 소속 사법경찰관은 2014. 3. 28. 원고로부터 위 게임장에 있던 스릴러 에이스 게임기 20대, 뉴 오션 게임기 20대, 점수보관증 발행기 1대(이하 ‘이 사건 게임기’라 한다), 자동진행장치(똑딱이) 22개를 임의제출받고, 소유권포기서를 받은 뒤 압수하였다.
C. On April 11, 2014, the judicial police officers belonging to the Yongsan Police Station, under the direction of the prosecutor belonging to the Goyang District Prosecutors' Office at the Goyang District Prosecutors' Office on the destruction of the instant games, etc., all of the instant games were discarded on May 2, 2014.
Since then, the Plaintiff was indicted for violating the Game Industry Promotion Act that “The 20 new game machine, which is a game product not classified by the Game Industry Management Committee, was offered for use.” However, on December 29, 2015, the Plaintiff was acquitted on the ground that the said new game machine constitutes a game product rated, and the said judgment became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 and 6, the purport of the whole pleadings
2. Occurrence of liability for damages;
(a) Article 130 of the Criminal Procedure Act (Keeping and Discarding of Seized Articles) (2) of the related Acts and subordinate statutes may be destroyed or discarded;
(3) Seized articles that are legally prohibited from being produced, manufactured, possessed, owned or distributed, and are feared to be decomposed or difficult to keep, may be scrapped with the consent of the owner or other authorized person.
Considerable measures shall be taken to prevent the loss, damage, etc. of seized articles under Article 131.
Article 133 (Return or Temporary Return of Seized Articles) (1) Where continued seizure is deemed unnecessary.