The defendant's appeal is dismissed.

1. The gist of the grounds of appeal is that the court below found the defendant guilty of the facts charged of this case in the absence of any assault or intimidation against the victim in the course of the sexual intercourse with the victim, and there is an error of law affecting the conclusion of the judgment by mistake of facts.

2. Determination as to whether a perpetrator committed violence or intimidation to establish the crime of rape ought to be made based on the specific situation in which the victim was faced at the time of sexual intercourse, taking into account not only the content and degree of the assault and intimidation, but also all the circumstances such as the background leading up to exercising force, the relationship with the victim, and the circumstances at the time of sexual intercourse. From an ex post perspective, the victim could escape from the scene of the crime before sexual intercourse.

The perpetrator’s assault and intimidation did not reach the extent that it would substantially make it difficult for the victim to resist (see, e.g., Supreme Court Decision 2005Do3071, Jul. 28, 2005). In light of the aforementioned legal doctrine, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim was voluntarily present at the Seoul Women’s School Violence Support Center on December 3, 2012, 201, and was investigated at two times at the police, and one time at the prosecutor’s office, and the victim was investigated at the time and place in the original trial, and the victim did not consistently agreed to the effect that “the victim was unable to resist the victim’s body,” but the victim did not consistently divided into two parts of the crime of this case into “the victim’s body.”