Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. In order to have sexual intercourse, the Defendant made a confession of the fact that the victim had sexual intercourse with the mother of this case.

The defendant's act of having the victim sexual intercourse for a period of one to forty-five minutes after having the victim under the influence of alcohol with the intent of sexual intercourse is an act of inducing sexual intercourse with the act of moving the victim under his/her own factual control by leaving the victim from free living relationship for the purpose of sexual intercourse.

Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. Defendant 1: The lower court’s imprisonment (three years of imprisonment) is too heavy. 2) Prosecutor: the lower court’s punishment is too minor.

2. Determination

A. The judgment of the court below 1) held that the court below acknowledged the facts between the defendant and the defendant in this case for the purpose of having sexual intercourse with the victim, but judged that it was difficult to view that this part of the facts charged was proven without any reasonable doubt, on the ground that it is difficult to view that the defendant had been under the control of the defendant at the time of the instant case in light of the age of the defendant and the victim, the time of the victim's money in this case, and the situation that the defendant was shown before and after the instant case, and that it was difficult to view that the defendant properly understood and led to the crime of inducing sexual intercourse, and that this part of the facts charged was proved without any reasonable doubt. 2) The judgment of the court below cited the above circumstances cited by the committee in the judgment of this court and the evidence duly adopted and investigated.