2. Determination:

A. In the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, “comfort force” refers to a sufficient force to suppress the victim’s free will, and is not a tangible, intangible, or intangible. As such, not only assault and threat but also the offender’s social and political position or authority may be used. Whether a person has sexual intercourse with a “comfort force” should be determined by comprehensively taking into account all the circumstances, including the content and degree of the force exercised, the type of the offender’s status or authority, the victim’s age, the relationship between the offender and the victim prior to such act, the circumstances leading to such act, the form of specific act, and the circumstances at the time of the crime.

(See Supreme Court Decision 2013Do11815 Decided January 16, 2014). B.

According to the evidence duly examined by the court below, under an agreement between the victim and the victim, the defendant received the victim's inner name from the victim within the victim's vehicle under the victim's agreement to receive the victim's inner name 50,00 won, and during that agreement, the victim's act of self-defense with his own sexual organ in the victim's sexual organ with his own sexual organ and inserted the victim's sexual organ into the victim's sexual organ in the victim's sexual organ, and the victim's sexual organ was taken out from the victim's sexual organ in the victim's sexual organ against the victim's will. Accordingly, the fact that the defendant inserted the victim's sexual organ in the victim's sexual organ against the victim's will is evident, but it is difficult to view that the defendant exercised force in the process of inserting the victim's sexual organ, and it can be viewed that the act of inserting the victim's sexual organ against the victim's will constitutes "def."