The appeal is dismissed.

The grounds of appeal are examined.

In light of the date, place, details, and mode of business of the crime which was established and the facts charged that were newly instituted in a criminal trial, if the same criminal act was committed repeatedly for a certain period under the same or similar criminal intent of the same criminal defendant in the same and continuous manner, and the damaged legal interests are the same, the crime is in the relation of a single comprehensive crime under substantive law, which is a single crime.

In a case where a judgment becomes final and conclusive with respect to a part of a crime with a single comprehensive crime, the final and conclusive judgment shall have res judicata effect on the crime committed prior to the time when the judgment of facts was rendered (see, e.g., Supreme Court Decision 2008Do576, Mar. 13, 2008). The lower court held that the criminal facts of the final and conclusive judgment and the facts charged of the instant case were continuously committed under a single and continuous criminal intent, since they were committed in close vicinity to time by converting the outcome of the game by the same method in the course of operating the game room using similar game water at the same place, and thus, they were continuously committed under the single and continuous criminal

On the other hand, the judgment of the first instance that acquitted the defendant was affirmed.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on comprehensive crimes.

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