A. On July 8, 2012, at around 18:00, the Defendant came to know of “D” in the Kimhae-si, Kim Jong-si, and came to know through hosting, with the first victim E (n, 16 years of age) who was trying to dance with the victim’s hand while viewing the film, the Defendant spawn the victim’s spacing and spacing the victim’s hand, and continued to spacing the Defendant, spacing the victim’s spacing, cutting off the victim’s clothes, and sexual intercourse with the victim’s clothes, thereby having sexual intercourse with the child by force once.

B. The Defendant, at around 19:30 on the same day, had sexual intercourse with a child or juvenile by force by having the victim sexual intercourse once at the same place.

2. Determination

A. The Defendant consistently denied the instant facts charged from the investigative agency to the instant court, under the mutual agreement, that the Defendant had sexual intercourses with the victim not exercising facts or power, but having sexual intercourses with the victim.

B. In the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, “compact” 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 intimidation but also use the social, economic, and political status or authority of the offender. Whether the offender has sexual intercourse with another person by “compact” should be determined by comprehensively taking into account all the circumstances, including the content and degree of 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 2007Do4818 Decided August 23, 2007, etc.)

C. 1 The direct evidence of the fact that the defendant and the victim's sexual intercourses over two times in the instant case took place by force against the victim's will, respectively, in the investigative agency of the victim and in this court.