The defendant's appeal is dismissed.

1. The lower court’s scope of trial in this Court: (a) the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) among the facts charged against the Defendant; (b) the Defendant dismissed the prosecution; and (c) rendered a judgment of conviction on the remainder of the prosecution; and (d) only the Defendant appealed on the conviction; and (c) the part of the dismissal of the prosecution as to the dismissal of the prosecution as above was dismissed separately

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of reasons for appeal;

(a) A defendant has sexual intercourse or similar act with a victim, such as misunderstanding of facts;

Even in the process, it is nothing more than exercising a tangible power corresponding to the degree of power, rather than assault or intimidation to the extent that it makes it impossible or considerably difficult to resist the victim. Nevertheless, the lower court’s judgment convicting the Defendant of all of the facts charged of this case is erroneous by misapprehending the legal principles and misunderstanding of facts.

B. The sentencing of the lower court is too unreasonable.

3. Determination

A. Determination on the assertion of facts, etc. 1) The crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes or violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is established where the perpetrator makes it impossible or considerably difficult to resist the victim, and whether the perpetrator committed assault and intimidation to the extent that the victim’s resistance is considerably difficult to resist. Whether the perpetrator committed assault and intimidation should be determined by taking into account all the circumstances, including the content and degree of assault and intimidation, the circumstances leading up to the exercise of force, the relationship with the victim, the sexual intercourse at the time of sexual intercourse, and the subsequent circumstances (see, e.g., Supreme Court Decisions 2006Do5979, Jan. 25, 2007; 2014Do9315, Oct. 15, 2014).