The defendant shall be innocent.

1. Around March 2012, the summary of the facts charged: (a) around March 2012, the Defendant reported a notice stating that he/she seeks a male-child organ posted on the Internet NVV car page; and (b) contacted with the victim D, who is a child or juvenile, and exchanged a cell phone with one another.

At around 14:00 on April 2, 2012, the Defendant found the victim's body, who was hospitalized in the area to be 508 in the Jinjin-gu E Hospital, Young-gu, Seoul Special Metropolitan City on April 14:0, 201, and told the victim's head, who was seated in the area, and was living in the area of the victim's body, and told the victim's head, who was immediately faced with the victim's chest, and forced the victim to enter his/her sexual organ, but the victim refused the victim's body so that the victim's body can be frighted into the Defendant's sexual organ by putting the victim's head into the Defendant's sexual organ, and continued to have sexual intercourse with the child and the juvenile by force twice through force.

2. The defendant and his defense counsel's assertion are consistent from the police investigation stage to this court, and the defendant at the time asserts that sexual intercourse with the victim would not have been sexual intercourse with the victim by force against the victim's will, or by force.

3. Determination

A. Article 7(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse provides that a person who has sexual intercourse with a child or juvenile by deceptive means or by force shall be punished by imprisonment for a limited term of not less than five years, such as the case of rape with a child or juvenile by assault or intimidation. In light of the content and system of the above provision, it is insufficient to say that sexual intercourse by force was committed against the victim’s will, and the person has exercised his/her power sufficient to suppress the victim’s free will. However, the method of exercising the same should be the method.