The number of crimes in a case where a person who has a damp wall of gambling gambles and provides gambling and aiding and abetting (=general 1 crime)

Habituality in the crime of habitual gambling or the crime of habitual gambling is not the nature of the offender, but rather refers to the habit of repeated gambling as the nature of the offender. If a person who has the habit of gambling aids and abets another person's gambling, it constitutes the crime of habitual gambling, and if a person who has the habit of gambling conducts gambling and aids and abets gambling, the crime of habitual gambling shall be punished as one crime by combining the crime of grave habitual gambling.

Articles 246(2) and 33 of the Criminal Act

Supreme Court Decision 66Do125 Delivered on May 10, 1966

Defendant

Prosecutor

Gwangju District Court Decision 83No1073 delivered on December 2, 1983

The appeal is dismissed.

The grounds for appeal are examined.

With respect to No. 1:

The court of appeals may decide ex officio on the grounds that the grounds affecting the judgment under Article 364(2) of the Criminal Procedure Act are not included in the grounds of appeal, and therefore, in this case for which only the public prosecutor appealeds from the grounds of unfair sentencing, the court of appeals is just in making ex officio decisions on the grounds that there are grounds affecting the judgment of the court of first instance, and there is no error of law by misunderstanding the legal principles as to the scope of

With respect to the second ground:

Habitual gambling in the crime of habitual gambling or the crime of habitual gambling is not the nature of the offender, but the habit of repeated gambling is not the nature of the offender, and therefore, if a person with the habit of gambling has aiding and abetting another person's gambling, it constitutes the crime of habitual gambling, and if a person with the habiting wall of gambling plays for gambling and aiding and abetting for gambling, the crime of habitual gambling shall be punished as one crime by covering the crime of grave habitual gambling, and the crime of habitual gambling shall be punished as one crime of habitual gambling. In accordance with the above legal principles, the court below did not err in the misapprehension of legal principles as to the charge of habitual gambling, which is over two days from July 30, 1982 and July 31, 197 at the Gwangju District Court of Gwangju on December 27, 198 in the same year, and the judgment of acquittal becomes final and conclusive on the grounds that he was convicted of the crime of habitual gambling, and there is no error in the misapprehension of legal principles as to which the judgment of acquittal becomes final and conclusive.

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

Justices O Sung-sung(Presiding Justice)