All appeals by the defendant and the prosecutor are dismissed.

The gist of the grounds for appeal is as follows: (a) the Defendant, by misunderstanding the facts of the Defendant, committed a sexual intercourse with the Victim F (hereinafter “victim”); (b) the Defendant did not indicate his/her intention of refusal in the course of sexual intercourse; and (c) the Defendant did not exercise any power.

In particular, there is no fact that the Defendant inserted the victim’s sexual organ into the victim’s resistance at the time of the victim’s sex relationship with the victim, and thus, the injury of the victim’s bodily expression, etc. is not caused by the Defendant’s act.

The victim's statement against this is not reliable in light of various circumstances.

Nevertheless, the lower court found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), among the facts charged in the instant case, erred by misapprehending the facts and violating the rules of evidence.

Even if the injured party's wife was caused by the defendant's act, this does not constitute an injury resulting from rape, as a minor injury not requiring any special treatment.

Nevertheless, the lower court found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) among the facts charged in the instant case, erred by misapprehending the legal doctrine on the injury.

The punishment sentenced by the court below against the defendant (long-term two years and six months of imprisonment, short-term two years, and 80 hours of order) is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

Judgment

Article 7 (5) of the Act on the Protection of Children and Juveniles against Sexual Abuse refers to a sufficient force to suppress the victim's free will. Since the defendant's factual mistake and the defendant's assertion of violation of the rules of evidence refers to a force that is sufficient to suppress the victim's free will, either tangible or intangible or intangible, it is also necessary to use not only assault and intimidation, but also social, economic and political status or authority of the offender.