At around 14:30 on June 24, 2014, the Defendant: (a) carried the victim’s body at his own house, H, 103 H, and talked with the victim; (b) tried to take the victim’s left hand by laying down the victim’s shoulder on his/her house, and to have a sexual intercourse with the victim; (c) set up his/her body and fright against the victim’s body while intending to take down the victim’s body, she she gets off the victim’s body, she she gets off the victim’s body; and (d) forced the victim’s body to divide the victim’s body into the victim’s body; (e) put the victim’s jackets and bros into the victim’s chest; and (e) she took off the victim’s body with his/her breast and panty; and (e) put the victim’s body into rape by inserting the victim’s sexual organ into the victim’s own body.

2. The gist of the defendant's and his defense counsel's assertion is only sexual intercourse under the agreement with the victim, and no rape has been committed by assaulting or threatening the victim.

3. Determination

A. In order to establish the crime of rape, the perpetrator’s assault and intimidation must be such as to make it impossible or considerably difficult to resist the victim. Whether the assault and intimidation in question were to make it impossible or considerably difficult to resist the victim, not only the content and degree of the assault and intimidation, but also the developments leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse and thereafter, should be determined by comprehensively taking into account all the circumstances such as the victim’s assault and intimidation.

B. (See, e.g., Supreme Court Decision 2004Do2611, Jun. 25, 2004).

The only statement is made between the investigative agency and the victim in this court that corresponds to the facts charged in the instant case that the defendant rapes the victim, and the victim in this court and the investigative agency and the defendant in this court exceed the body of the victim.