“From a preventative point of view, a strict punishment is desirable,” said Judge Atsutoshi Uraki of the Utsunomiya District Court.
The defendant, Yuichi Shimizu, was arrested in April of this year and indicted for selling a used PSP on an internet auction site for about 15,000 yen (approximately $190), according to a Sankei News report. The PSP included modified software that disabled the console’s copyright protection, allowing the user to play unauthorized games.
Prosecutors had requested that Shimizu be sentenced to two years in prison and fined 2 million yen (approximately $25,340). Judge Uraki agreed, but he suspended the sentence for four years. Shimizu can avoid doing time behind bars if he avoids breaking the law again. The fine must be paid regardless.
In handing down his verdict, Judge Uraki cited e-mail records indicating that the unemployed Shimizu had over 100 messages regarding sales totaling approximately 2 million yen.
“There is no room for extenuating circumstances in [the defendant's] motive to pay his living expenses,” the judge said.