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The prosecutor's appeal is dismissed.
Reasons
Judgment on the Grounds for Appeal
A. The term “inducing” as referred to in Article 288 of the Criminal Act means an act of moving a person from his/her free living relationship or protection relationship to another person under the factual control of the person himself/herself or a third person, by deceiving or her trucking the person as a means of deception. Here, a factual control refers to a physical and practical control relationship with a minor.
(See Supreme Court Decision 2007Do2318 Decided May 11, 2007, etc.). B.
In full view of the following circumstances acknowledged by the evidence in its holding, the lower court acquitted the Defendant of the instant facts charged on the ground that: (a) the Defendant’s attitude toward the victim was derived from the intention of moving the victim to another place for a single sexual intercourse with the victim at the time; and (b) further, it appears that there was no intention to continuously and continuously establish a factual control relationship with the victim; (c) it is difficult to conclude that the Defendant committed an act identical to the facts charged with the criminal intent to attract the victim; and (d) it is difficult to readily conclude that the freedom of the victim, which is the legal interest protected by Article 288(1) of the Criminal Act
1) At the time, the victim was a minor at the time, but the Defendant was not a juvenile under the Juvenile Protection Act and the Act on the Protection of Children and Juveniles against Sexual Abuse, and only reported the fact that the Defendant committed an indecent act against himself/herself. (ii) The Defendant and the victim were first in the drinking place. The Defendant made the victim feel hosscence and bucks, etc. with the victim’s grandchildren and bucks.
After the completion of the foregoing teaching place, the defendant was called the victim's house while leaving the house, and the victim tried not to see himself/herself when he/she thought that he/she may sexual assault, but the defendant was on board the above vehicle.