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(영문) 대법원 2016.04.29 2016도3083
게임산업진흥에관한법률위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Where several 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 interests of the same damage are the same, each act shall be punished by a single comprehensive crime. In a case where individual crimes falling under a single comprehensive crime are committed across the period before and after a final judgment of a different kind of crime, such crime shall not be divided into two crimes, and it shall be completed at the time of the final crime which is the final judgment after the final judgment (see Supreme Court Decision 2001Do3312, Aug. 21, 2001, etc.). Examining the reasoning of the judgment below in light of the records, it is justifiable that the court below deemed the crime of violation of the Act on the Promotion of Game Industry in this case as a single comprehensive crime, and that the crime of violation of the Act on the Promotion of Game Industry in which the judgment becomes final and conclusive and the crime of violation of Article 37 of the Criminal Act is not concurrent crimes, as alleged in the grounds of appeal.

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

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