The judgment of the court below is reversed.

The Defendant revoked the compensation order issued by the lower court, and applied for compensation by the applicant.

1. Summary of grounds for appeal;

A. Defendant 1) Even if the Defendant used a means of deception or suspicion in temporary movement of a place in order to have sexual intercourse with the victim, such act does not constitute the crime of inducing sexual intercourse. 2) It cannot be deemed that the Defendant and the victim were in the state of failing to resist at the time when the Defendant and the victim were to have sexual intercourse with the intent of inducing sexual intercourse.

3) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (a three-year imprisonment is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. On October 6, 2013, at around 01:40 on the charge of inducing sexual intercourse, the Defendant discovered the victim D (the age of 17) under the influence of alcohol in the vicinity of the Gangnam-gu Seoul Station, Gangnam-gu, Seoul, with the intention of having sexual intercourse with the victim by inducing the victim to engage in sexual intercourse. The Defendant, upon approaching the victim, knows that the victim was having a her her friend, had a friend, and knows that the victim under the influence of alcohol had a friend, she would have a friend. On the same day, around 02:18 of the same day, he did not look at the victim’s friend.

(A) The term “inducing” under Article 288 of the Criminal Act refers to the act of inducing a person by deceiving or treating the person as a means of deception and suspicion, thereby moving the person into one’s own or a third party’s factual control (see, e.g., Supreme Court Decision 2007Do2318, May 11, 2007). Here, “investigative control” refers to the physical and practical control relationship with respect to a person (see, e.g., Supreme Court Decision 2007Do2318, May 11, 2007).