[1] The number of crimes committed for a certain period under the single and continuous criminal intent and the legal interest of the damage is also identical (=general crime), and whether the same legal principle applies to aiding and abetting crimes (affirmative)

[2] The case affirming the judgment below holding that the defendants' act of aiding and abetting the distribution and display of obscene videos through the information and communications network was continuously conducted for a single and continuous period under the criminal's own criminal intent, and the damage law interest is identical to that of a single and continuous crime, by allowing its members to display obscene videos through their Internet sites and let other members download them

[1] Articles 32 and 37 of the Criminal Act / [2] Articles 32 and 37 of the Criminal Act

[1] Supreme Court Decision 95Do1269 delivered on September 5, 1995 (Gong1995Ha, 3458) Supreme Court Decision 2006Do1252 Delivered on May 11, 2006, Supreme Court Decision 2007Do595 Delivered on March 29, 2007

Defendant 1 and one other

Prosecutor

Suwon District Court Decision 2009No4676 Decided January 14, 2010

All appeals are dismissed.

We examine the grounds of appeal.

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 the legal benefits from such damage are the same, each act shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decisions 95Do1269, Sept. 5, 1995; 2007Do595, Mar. 29, 2007; 2009Do4684, Aug. 20, 2009). The same applies to aiding and abetting crimes.

The first instance court rendered a judgment of acquittal of the Defendants on July 29, 2008 on the charge of each of the facts charged of the instant case and the summary order issued by the Defendants on July 29, 2008, on which the Defendants became final and conclusive, on which all members of the website (site address omitted) posted obscene videos on the above website, and aided and abetted other members to distribute and exhibit obscene videos through information and communications network by facilitating the distribution and display of obscene videos through an information and communications network, and on which it continued to be operated for a certain period under the single and continuous criminal intent and the legal benefits from the damage are the same as those of the above-mentioned summary order, and thus, the lower court maintained it as it is.

In light of the above legal principles and records, the judgment of the court below is just, and there is no error in the misapprehension of legal principles as to blanket crimes as alleged in the grounds of appeal.

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

Justices Lee In-bok (Presiding Justice)