부정사용공기호행사등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal - misunderstanding of legal principles (not guilty part - violation of the Automobile Management Act);
A. Under the premise that the act of “illegal use” as to the violation of the Automobile Management Act among the facts charged in the instant case constitutes an immediate crime, the lower court sentenced the Defendants to be acquitted of this part of the facts charged on the ground that the statute of limitations has already expired since the Defendants’ act of operating or aiding and abetting and abetting and abetting another two-wheeled automobile number plate which was not registered and attached to the two-wheeled automobile and attaching it to another two-wheeled automobile without registration was completed.
B. However, in light of the purport of Article 78 subparag. 2 and Article 71(1) of the Automobile Management Act, in the event of unlawful use of a registration number plate of a motor vehicle or a two-wheeled vehicle, the use of the above registration number plate should be deemed to continue for the period of operation when the motor vehicle or a two-wheeled vehicle is attached to another motor vehicle or a two-wheeled vehicle
(c)
In particular, the Criminal Act has a separate crime from the crime of unlawful use of air defense, but the Automobile Management Act does not separate it and punish only illegal use of air. Therefore, if such interpretation is not made, the act of continuous use of the registration number plate, etc. is more severe, but there is an unreasonable result that the statutory punishment should be punished only for the crime of illegal use air hyping under the Criminal Act which is lower than the statutory punishment.
(d)
Therefore, the act of illegally using a registered number plate under the Automobile Management Act shall be deemed to be a continuous crime including not only the act of attaching “the act of continuous use” but also the act of continuous use. Based on such interpretation, the fact of violation of the Automobile Management Act among the facts charged in the instant case and the fact of the protection thereof have not been prosecuted.
E. Nevertheless, there is a statute of limitations for the above charged facts.