국민체육진흥법위반(도박등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of legal principles) the facts charged in the instant case and the facts charged in the summary order, which became final, are not the same as the method of crime, but have continuity of the crime.
shall not be deemed to exist.
Nevertheless, the facts charged in the instant case and the facts charged in the summary order constitute a single-principal offense
The judgment of the court below that acquitted the defendant is erroneous in the misapprehension of the legal principle of a single comprehensive crime.
2. The lower court acknowledged the following circumstances based on the record, namely, ① the facts constituting the instant facts charged or the final summary order (hereinafter referred to as the “final and conclusive judgment”) all of the facts constituting the instant crime, by means of having deposited money by accessing the private sports soil site, and then conducting the Internet sports games by using a flexible game machine as a result of the instant sports games.
“The charges of this case committed before the issuance of the final and conclusive judgment and the final and conclusive judgment in light of the same fact that the method of crime is identical, ② the distance between crimes is very close, and the same day seems to exist, ③ the deposit account used by the Defendant is also identical to the agricultural cooperative account in the name of the Defendant, etc., the charges of this case committed before the issuance of the final and conclusive judgment and the final and conclusive judgment in relation to all the crimes of this case, which were committed by the Defendant, either by the formation of a single and continuous criminal act, or by continuing to conduct several acts corresponding to the name of the same crime for a single and continuous period. Accordingly, the charges of this case constitute a case where a final and conclusive judgment has been rendered, and thus, the Defendant was acquitted
The judgment below
Examining the text closely by comparison, the judgment of the court below is just and acceptable, and contrary to the prosecutor’s assertion, there is no error of law by misapprehending the legal principles on comprehensive crimes.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so ordered.