[1] The meaning of the unlawful use of air defense and the unlawful use of air defense

[2] Whether a stolen motor vehicle number plate is a crime of uttering of unlawful use air defense (affirmative)

[1] The unlawful use of an automobile registration number plate, which is an air under Article 238 (1) of the Criminal Code, refers to the act that a person without authority uses the automobile registration number plate made lawfully by a person without authority, or even a person with authority, uses it unfairly by abusing authority, and the crime of exercising the trademark registration number under Article 238 (2) of the Criminal Code refers to the act of using it in accordance with the relevant usage as if the registration number plate, which is an illegally used air, was genuine.

[2] An event which is an act of use pursuant to the usage of an automobile registration number plate, which is an illegal use, means the operation of an automobile under the condition that it could cause the general public to misunderstand the identity of the automobile by attaching it to the automobile and operating it, i.e., the operation of the attached automobile, and it cannot be deemed that the crime of use is established only when the vehicle registration number plate which was unlawfully used was presented to another person, separate from its operation.

[1] Article 238 of the Criminal Act / [2] Article 238 (2) of the Criminal Act

[1] Supreme Court Decision 80Do1472 delivered on December 22, 1981 (Gong1982, 1991)

Defendant

Prosecutor

Seoul District Court Decision 96No6902 delivered on December 4, 1996

The non-guilty part of the judgment below is reversed and the case is remanded to the Seoul District Court Panel Division.

We examine the grounds of appeal.

1. Summary of an unlawful use air defense among the facts charged

At around 09:00 on January 30, 1996, the Defendant, at the seeds and seedlings parking lot located in Jongno-gu Seoul Jongno-gu, Jongno-gu, Seoul, removed the front and rear number plate of the vehicle, Daejeon 1,6450, Daejeon 1,6450, which he borrowed from the non-party Samsung Crenk North Korea's business office, and exercised the air defense illegally used by the Defendant, by driving the above new franchise up to 02:00 on that day, by driving the vehicle on the front and rear side of the vehicle, which was stolen.

2. Summary of the judgment below

The crime of unlawful use of air defense refers to the use by a person without authority in a state where another person can peruse the true air system in accordance with the usage thereof, and the crime of unlawful use of air defense refers to the act of using the illegally used air in a genuine and genuine manner, which refers to the act of using it to a person other than the accomplice at his own discretion, and it is reasonable to deem that it refers to an external act against the other person. Thus, if the air itself used in a state where other person can peruse without authority and there is no act of presenting the illegally used air itself to the other person, it is only constituting the crime of unlawful use of air defense, and it does not constitute the crime of unlawful use of air defense, and it does not constitute the crime of unlawful use of air, among the facts charged in the case of this case.

3. Judgment of party members

The illegal use of a motor vehicle registration number plate, which is an air under Article 238(1) of the Criminal Code, refers to the act that a person without authority uses the motor vehicle registration number plate made substantially by a person without authority or even a person with authority uses it unfairly by abusing authority, and the crime of uttering under Article 238(2) refers to the act of using the motor vehicle registration number plate, which is an air, illegally used, in accordance with the relevant usage as true.

An exercise which is an act of using a motor vehicle registration number plate pursuant to the usage of the motor vehicle registration plate refers to the operation of the motor vehicle in such a condition that it may cause the general public to misunderstand the identity of the motor vehicle by attaching it to the motor vehicle, that is, the operation of the attached motor vehicle, and it cannot be deemed that the crime of uttering is established only when the motor vehicle registration number plate illegally used is presented to another person,

Therefore, if the defendant attached a stolen motor vehicle registration number plate and operated a passenger car, this constitutes an unlawful use of air defense, but the court below determined that the defendant's above act does not constitute an unlawful use of air defense on the grounds as stated in its reasoning. The court below erred by misapprehending the legal principles on the unlawful use of air defense, thereby affecting the conclusion of the judgment. The ground for appeal pointing this out is with merit.

It is inappropriate for the Supreme Court to apply the precedents of this case as the precedents of this case as the Supreme Court precedents that differ in the judgment of the court below.

4. Therefore, the non-guilty part of the judgment of the court below shall be reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Don-hee (Presiding Justice)