The appeal is dismissed.

The grounds of appeal are examined.

1.(a)

Article 2 subparag. 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse defines “children and juveniles” as “persons under 19 years of age (excluding persons who meet the said age on January 1 of the year in which they reach the age of 19), and Article 7(1) of the same Act provides that persons who rape a child or juvenile by assault or intimidation shall be punished by imprisonment for life or for a limited term of at least five years.

The reason why the above law particularly intends to protect children and juveniles is because it is difficult for children and juveniles to exercise their full right to self-determination due to social, cultural constraints, etc., and it is difficult for them to defend themselves from sexual invasion or exploitation of others due to lack of cognitive, psychological, and related resources.

In addition, given that children and juveniles form sexual values and complete sex health, sexual impairment or exploitation of children and juveniles can seriously and continuously affect the pursuit of their mental and physical health and the formation and development of autonomous personality in relation to their performance.

(See Supreme Court en banc Decision 2015Do9436 Decided August 27, 2020). B.

Of the facts charged in the instant case, the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape) against the victim L (the 14 years old) was committed on January 26, 2018 by: (a) preventing the victim from having sexual intercourse; (b) preventing the victim from having his/her shoulder and knee, etc., on the part of the Defendant, on the part of his/her residence; (c) preventing him/her from having his/her shoulder and knee, etc.; and (d) preventing the victim from having sexual intercourse; and (b) allowing the victim from having sexual intercourse at the same place as on the next day; (c) even though the victim requested the death of the previous day, the victim refused it; and (d) preventing the victim from having his/her shouldered with the body next to his/her body.