Defendant shall be punished by a fine of KRW 50,000.

If the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Around 23:05 on October 13, 2008, the defendant was unable to identify the number plate by using the two number plates of the customers having access to the hotel at the ○○ hotel parking lot in Gangnam-gu, Seoul (number omitted) in Gangnam-gu, Seoul.

2. The judgment of the court below

The court below found the defendant not guilty pursuant to the former part of Article 325 of the Criminal Procedure Act on the ground that the defendant's act of this case is merely an act of putting his/her vehicle number plate parked at the hotel's parking lot where there is no possibility of undermining the efficient management of motor vehicles, and it does not constitute a criminal act subject to the provision of punishment of this case on the ground that it does not constitute a criminal act subject to Article 325 of the Criminal Procedure Act on the ground that the defendant's act of this case is merely an act of putting his/her vehicle number plate parked at the hotel's parking lot where there is no possibility of undermining the efficient management of motor vehicles, and it does not constitute a criminal act subject to the provision of punishment of this case on the ground that it does not constitute a criminal act subject to Article 325 of the Criminal Procedure Act.

3. Summary of grounds for appeal by the public prosecutor;

In addition, the provision on the ground of the punishment of this case does not have any location restrictions on the constituent acts subject to the punishment, and even if it is interpreted that only the act of displaying car number plates, etc. at places likely to impede the efficient management of automobiles as stated in the judgment of the court below, it is sufficient to recognize that the court below acquitted the defendant of the charges of this case, in light of the fact that a lodging establishment, such as a hotel, etc., which is the place where the crime of this case, is used as a concealment of criminals, is often used as a concealment of the criminals, and that ordinary criminals are likely to request a vehicle number plates to cover their car number plates in order to conceal their identity while using a lodging establishment while moving to a large vehicle or a stolen vehicle, etc., the court below erred by misapprehending the legal principles on the ground of the punishment of this case, which affected the conclusion of the judgment.

4. Determination

(a) Purport of the automobile registration and registration number plate system under the Automobile Management Act;

Article 1 of the Automobile Management Act provides, “The purpose of this Act is to promote public welfare by efficiently managing motor vehicles by prescribing matters concerning the registration, safety standards, self authentication, correction of manufacturing defects, inspection, maintenance, inspection, and inspection of motor vehicles, and motor vehicle management business, etc., and by securing the performance and safety of motor vehicles.” In order to efficiently manage motor vehicles, Chapter II of the Act provides various provisions concerning the registration of motor vehicles and the registration license plate in order to promote efficient management of motor vehicles. In other words, a motor vehicle is a kind of movable property, but a motor vehicle has a relatively high property value compared to other movable property so that a change in its legal relationship can be known outside, while a motor vehicle is being moved through a road traffic network as the most important means of transportation at all times. Thus, the motor vehicle registration license plate system was adopted to attach a registration license plate so that the identity of the motor vehicle registered in order to prevent and control any traffic danger or impediment that may occur in such process can be easily confirmed.

B. Interpretation of the ground provision for the punishment of this case

Therefore, it is natural to consider the legislative intent of the motor vehicle registration number system as seen above in interpreting the provision of the ground for punishment of this case. However, even so, the general principles on the interpretation of penal provisions, such as literary interpretation, analogical interpretation, analogical interpretation, expansion interpretation, etc., should be strictly observed so as not to infringe the legislative intent or discretion.

However, it is clear that Article 10(5) of the Automobile Registration Act, which is a provision prohibiting the punishment of this case, does not include any place restriction on the form of prohibited act, such as covering a registration number plate, or any intent to efficiently infringe on the management of motor vehicles of the State. Therefore, the interpretation of the ground for punishment of this case should be limited where the result is considerably contrary to equity and justice or seriously unreasonable (see, e.g., Supreme Court Decision 2004Do4049, Nov. 11, 2005). Thus, in light of the general characteristics of administrative punishment, the ground for punishment of this case merely provides that an act of infringing on the legal interest of a motor vehicle, which is to be protected, or that it is necessary to punish a motor vehicle without any specific danger, for the purpose of infringing on the law or punishment of a motor vehicle without any specific danger.

5. Conclusion

Therefore, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

1. A statement prepared by the defendant and corresponding statements;

1. Images conforming to the photographs of on-site vehicles attached to the records;

Article 82 subparagraph 1 of the Automobile Management Act and Article 10 (5) of the Automobile Management Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges Kim Jong-chul (Presiding Judge)