射倖性 게임물에 대한 刑事責任

Abstract

The Criminal Responsibility of Gaming Machine(AWP)－Historical Survey－Lee, Jeong-HoonThe Criminal responsibility of Speculative Game(for example, “The Sea Story”) depends on the interpretation of Speculative acts. For speculative Game(Gaming Machine or Amusement With Prize), Act on Special Cases Concerned with Regulation and Punishment of Speculative Acts, etc, the Promotion Act on Game Industry and Criminal Act can be applied. But the conflict with various laws will bring about confusion for judicial officers which is the law to be applicable in the case that someone make a business of Speculative Game(or AWP). In consideration of historical survey, Act on Special Cases Concerned with Regulation and Punishment of Speculative Acts, etc has priority over other Acts in Speculative Game. But the other case, Non-Speculative Game, Act on Special Cases Concerned with Regulation and Punishment of Speculative Acts, etc concurs with the Promotion Act on Game Industry.About the nature of conflict with both laws, some judgments regard it as crime of conceptual concurrence, the others as crime of substantive concurrence. I think, it would be reasonable to understand it as crime of substantive concurrence. Because both laws have differences between mode of behavior and legal interests.