게임산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. The crime of this case under a summary order which became final and conclusive first on the Defendant’s summary of the grounds for appeal (hereinafter “instant summary order”) and the crime of this case are at intervals of about 23 days, and since the Defendant ceased to commit the crime due to the control, but was committed with a new criminal intent, it cannot be deemed that there is a simplification of criminal intent.
Nevertheless, the judgment of the court below which judged the crime of this case and the crime of this case as a blanket crime is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.
2. The lower court determined that the instant summary order and the instant criminal facts constitute a final judgment and acquitted the Defendant on the ground that the circumstances, such as the fact that the Defendant’s suspension of and resumption of the commission of the crime, the type of premiums, and the game machine in which premiums were inserted, are not affected by the judgment on continuity of the criminal intent, on the grounds that the instant facts charged constitute a final judgment, and thus, the instant facts charged constitute a final judgment.
Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined by the lower court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the legal doctrine as otherwise alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.