[1] The number of crimes in a case where a single and continuous criminal act continues for a certain period and the legal interest of the damage is identical (=general crime)

[2] The case holding that, in a case where a game site was prosecuted twice on two occasions on the charge that a person provided free gifts without a method publicly notified by the Minister of Culture and Tourism by inserting cultural products in a game machine, which is a speculative game game product, and then providing them to customers with scores, each of the charges constitutes a single comprehensive crime since all of the charges were repeatedly committed under the name of the same crime under a single and continuous criminal intent, and the legal interests and interests

[1] Article 37 of the Criminal Act / [2] Article 37 of the Criminal Act

[1] Supreme Court Decision 2006Do1252 Decided May 11, 2006, Supreme Court Decision 2006Do6620 Decided January 11, 2007

Defendant

Prosecutor

Seoul Northern District Court Decision 2006No817 Decided December 28, 2006

The appeal is dismissed.

Where several acts falling under the name of the same crime continue to be committed for a certain period under the single and continuous criminal intent, and where the legal benefits from such damage are the same, each act shall be punished by a single comprehensive crime (see Supreme Court Decision 2006Do6620, Jan. 11, 2007).

According to the records, the defendant was prosecuted for having provided free gifts to customers according to the method publicly notified by the Minister of Culture and Tourism (hereinafter referred to as the "first case"), and on March 23, 2006 in the above game room, the defendant was prosecuted for having provided free gifts in the above game room from June 16, 2005 to September 4, 2005 (hereinafter referred to as the "first case"), since he had provided 42 game software spaces in the name of "(mutual omission) and operated a general game room with the trade name of "(mutual omission) gameland." In the case of speculative game software, the defendant was not entitled to give free gifts in the above game room, from June 16, 2005 to around September 16, 2005 (hereinafter referred to as "the first case"), and the defendant was prosecuted for having provided free gifts without the method of giving points to customers by providing free gifts other than the kind of gift products determined and publicly notified by the Minister of Culture and Tourism in accordance with the point of time.

Therefore, both the facts charged of the first and second cases are repeatedly committed under the single and continuous criminal intent for a certain period of time, and their legal interests are the same, so it shall be deemed that they constitute a single comprehensive crime.

In the same purport, the court below's dismissal of the prosecution of the second case on the ground that the indictment of the second case constitutes a double prosecution for the same case, since the facts charged of the second case is related to the first case's facts charged first and the facts charged together with the facts charged of the second case's indictment, it is just and acceptable, and there is no error of law by misunderstanding

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)