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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (defluence of mistake of facts as to the acquittal portion of the original trial) and the person to whom the attachment order was requested (hereinafter “defendant”), the age difference between the defendant and the victims, the place and means of the crime, and the circumstances of the crime, etc., it is sufficient to deem the defendant to have sexual intercourse with the victim C and D by force. However, the
2. Determination:
A. Of the Defendant’s case, the gist of this part of the facts charged is as follows: (a) the Defendant reported the pictures and contact numbers that juveniles want to become a model on the Internet website; (b) falsely accessed himself/herself as the representative of the Internet shopping mall “E” or “F; and (c) using one cell phone number for more than one person, two women and the representative of the company in charge of meckeing in the company; (d) suggesting a printing model to juveniles; and (e) by immediately responding to the proposal, he/she would immediately give a down payment; and (e) entices juveniles into the telecom, etc.; and (e) the Defendant had sexual intercourse with the victim. On May 10, 2013, 201, the Defendant should be able to have his/her chestd with the victim’s body as soon as possible; and (e) he/she should be able to have sexual intercourse with the victim by a deceptive scheme. The Defendant should have his/her haird the victim’s body as above.