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The defendant shall be innocent.
Reasons
1. Around June 12, 2012, the Defendant sent a text message to the victim of the defect that the victim C (n, 15 years of age) want to get home, thereby soliciting him/her to go out of home by sending the text message “Kakaox” to the victim. On June 13, 2012, at around 10:0, the victim in the E-middle School Class in Daegu-gu, Daegu-gu, called the victim to “Ig out from home after the toilet,” saying that he/she did not want to attend school classes, and led the victim to go out of school, thereby inducing the victim to go out of school.
Therefore, the Defendant stayed in the FF subway Station located in Daegu-si, Daegu-si, Daegu-gu, which is the residence of the Defendant, in order to live together with the victim, 201, the H building 201 and 102, the Gyeongsan-si, the Defendant leased to live together with the victim.
Accordingly, the defendant induced a minor victim.
2. The crime of inducing minors under Article 287 of the Criminal Code means the act of inducing minors to leave from the free living relationship or the protection relationship with them by deception or cruel means and moving them to the actual control of them or a third party. Here, a factual control refers to a physical and substantial control relationship with regard to minors. In order to establish the crime of inducing minors, the defendant must be proved by evidence that the defendant had the criminal intent to move minors under the physical and substantial control of himself or the third party, by deceiving or treating the minors under the above control.
(See Supreme Court Decision 98Do690 delivered on May 15, 1998, etc.). However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., the victim, even if the Defendant solicited the Defendant to go at home and led the victim to go out of home, is the victim.