[1] The number of crimes in which multiple acts falling under the name of the same crime are continuously conducted for a certain period under the single and continuous criminal intent and the legal interest of the damage is identical (=general crime)

[2] In a case where a person was prosecuted for paying merchandise coupons in the game room for five months after he/she was charged with paying merchandise coupons despite the fact that he/she did not pay merchandise coupons as a result of game, and he/she was prosecuted again for the same charges, the case dismissing the prosecution later filed on the ground that

[1] Article 37 of the Criminal Code / [2] Article 37 of the Criminal Code, Article 327 subparagraph 3 of the Criminal Procedure Act

[1] Supreme Court Decision 2002Do1256 decided Jun. 14, 2002 (Gong2002Ha, 1741) Supreme Court Decision 2002Do1855 decided Jul. 26, 2002 (Gong2002Ha, 2159)

Defendant

Prosecutor

Seoul Northern District Court Decision 2006No43, 306 (Consolidated) Decided September 8, 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 2002Do1855 delivered on July 26, 2002, etc.).

According to the records, the defendant was prosecuted for having paid 5,00 won film and cultural merchandise coupons to a guest who performed the game from April 12, 2004 to May 4, 2005, with the trade name "(trade name omitted)" from the first floor of the building located in Gangseo-gu Seoul Metropolitan Government (Sengp number omitted) and operated a general game room. As the standard for handling premiums at a game software establishment was modified pursuant to Article 2004-14 of the Public Notice of the Ministry of Culture and Tourism of December 31, 2004, the above game product was not paid merchandise coupons as a result of the game as a non-locking game product. However, the defendant was charged with having paid 5,00 won film and cultural merchandise coupons to a guest who performed the game from May 12, 2005 (hereinafter referred to as "the above game of this case") and the above game was paid to each customer with the same right to receive gift vouchers in the same way as the above game of this case (hereinafter referred to as "the single game merchandise of this case").

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 Ji-hyung (Presiding Justice)