The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, unreasonable sentencing, disclosure or notification order)

A. The lower court found the Defendant not guilty of this part of the facts charged, although it should be deemed that the crime of inducing indecent act was established, on the grounds that the Defendant, at the time of the instant case, induced E (alias) and F, and moved to a factual control.

B. The sentence of the lower court’s unfair sentencing (the amounting to KRW 20 million and the order to complete a sexual assault treatment program for 40 hours) is unreasonable as it is excessively uneasible.

(c)

It is improper to exempt the defendant from the order to disclose or notify personal information, unless there is a special reason not to disclose or notify the personal information to the defendant.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, "induction" in Article 288 of the Criminal Act refers to the act of inducing a person by deceiving him/herself or a third party from his/her free living relationship or protection relationship with the defective intent and moving him/her to another person under the factual control. The term "real control" in this context refers to a physical and real control relationship with a minor (see Supreme Court Decision 2007Do2318, May 11, 2007, etc.). Furthermore, the prosecutor bears the burden of proving the facts charged in a criminal trial, and the recognition of guilt should be based on evidence with probative value that leads to the conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no evidence, even if there is suspicion of guilt against the defendant, the court below cannot determine it as the benefit of the defendant (see, e.g., Supreme Court Decision 2007Do2318, May 11, 2007).