아동ㆍ청소년의성보호에관한법률위반(위계등간음)
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (fact-finding and misunderstanding of legal principles) is as follows: (a) the defendant, who is a male under 39 years of age, has induced the defendant to provide accommodation using the fact that the victim, a female middle student under 14 years of age, was released from the defendant's house; (b) the victim did not want sexual contact with the defendant when entering the defendant's house; (c) the defendant attempted sexual contact with the victim under two conditions in the defendant's house; (d) the defendant and the victim first attempted sexual contact with the victim; (e) the victim did not indicate that the victim did not respond to sexual contact with the defendant; (e) the victim did not appear to have expressed an active refusal to give the defendant a speech; and (e) the victim sent a pro-Japanese text message that "the victim was the victim" to friendly G; (e) it is apparent that the defendant committed sexual intercourse, indecent act or similar act by force, but the court below acquitted the defendant.
[The facts charged] around 22:00 on April 16, 2014, the Defendant: (a) provided free accommodation to the Internet N.V. “D” page using 10 and 20 points in front of the mountain village in Gangseo-gu Seoul Airport; and (b) provided a notice stating that 10 and 20 points and 10 points and 10 points and 20 points are going out of the Internet, or that she sought a female in need of it; (c) provided a female juvenile E (n.e., 14 years and 14 years of age) who was a minor; (d) knew that the victim was a minor and was going to home; and (d) used it to provide accommodation at her own house located in Gangseo-gu Seoul Metropolitan Government, and was willing to have sexual intercourse with the victim as a house.
1. On April 16, 2014, the Defendant: (a) around 23:00 on April 16, 2014, the victim’s bucks and bucks that the Defendant’s house located in the above F contains a part of the victim who reported television at the Defendant’s house; and (b) the victim’s face that he refuses to do so