In the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), “compact” refers to the ability sufficient to suppress the victim’s free will, and is either tangible or intangible, it is possible to use the offender’s social, economic, political status or authority. As such, not only assault and intimidation but also assault and intimidation, it is also possible to use the offender’s social, economic, political status or authority. Whether sexual intercourse has been sexual intercourse by force shall be determined by comprehensively taking into account all the circumstances, such as the content and degree of force exercised, the type and degree of the offender’s status or competence, the victim’s age, the relationship before the offender and the victim’s age, the background leading to such

(See Supreme Court Decision 2007Do4818 Decided August 23, 2007). In addition, “inducing” under Article 288 of the Criminal Act refers to an act of leaving a person from a free living relationship by deception or cruel means and moving the person to a factual control under his/her or a third party’s factual control, which refers to the physical and real control relationship with the person.

(See Supreme Court Decision 2007Do2318 Decided May 11, 2007). In full view of the adopted evidence, the lower court recognized the facts and circumstances as indicated in its reasoning, and determined that the Defendant could sufficiently recognize the fact of having sexual intercourse with the victim by force by inducing the victim to a toilet for the purpose of sexual intercourse as indicated in the facts charged.

In light of the above legal principles and records, the fact-finding and determination by the court below are just, and there are no errors in violation of the rules of logic and experience and the principle of free evaluation of evidence, or in misapprehension of the legal principles as to the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse

b) the Commission;