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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal does not constitute “duty to return a motor vehicle registration license plate and a seal” pursuant to Article 82 subparag. 2 and Article 13(1) of the Motor Vehicle Management Act, and thus, not only a person who normally removed a motor vehicle registration license plate and a seal but also a person who arbitrarily removed it, shall be deemed to bear the said duty. The demand for the performance of such duty does not contravene the principle of prohibition of self-contribution guaranteed under the Constitution.
In addition, the term "owner" under Article 13 (1) of the Automobile Management Act is not limited to the owner under the Civil Act, but includes the actual owner who, as the defendant, acquired with the intent of disposal (export).
Therefore, even if the defendant voluntarily removed the registration license plate and seal of a motor vehicle and failed to return it, it constitutes the elements of establishment as provided in Articles 82 subparag. 2 and 13(1) of the Automobile Management Act, the court below erred by misapprehending the legal principles that acquitted the defendant on this part of the facts charged, which affected the conclusion
2. Determination
(a) A person who exports a summary of this part of the facts charged shall return a registration number plate and seal and apply for the registration of cancellation;
Nevertheless, the Defendant arbitrarily removed the registration number plate and seal of each of the above automobiles on the street in front of Incheon Nungmun-gu, Daejeon around 16:00 on May 201, 2013 in order to export the I Ecoo car, MNA car, MNA car, and K Ecoo-gu car, which is an object acquired, and did not return the registration number plate and seal, while exporting 32 vehicles in total on nine occasions, such as the attached list of crimes, and returning the registration number plate and seal.
B. The lower court rendered a not-guilty verdict on this part of the facts charged on the following grounds.
In other words, the prosecutor is now.