The judgment below

The acquittal portion shall be reversed.

The charge of rape in the facts charged of this case is not guilty.

1. The summary of the grounds for appeal (a mistake of facts regarding the part not guilty in the judgment of the court below) recognized the establishment of the crime of rape, since the defendant assault and assaulted the victim to make it impossible or remarkably difficult to resist the victim, and sexual intercourse after making it difficult to resist, and thus, the court below acquitted the defendant on the charges of rape of this case. Thus, the court below erred in the misapprehension of facts as to the

2. On June 18, 2014, with respect to rape among the facts charged in the instant case, the prosecutor ex officio judgment applied for amendments to the amendment of indictment with respect to the following facts charged by adding the fact that the Defendant threatened the victim on or around June 18, 2014, and applied for amendments to the indictment with the same content as stated in paragraph (1). On July 23, 2015, this court permitted this and changed the subject of the adjudication, and thus, the part of innocence in the judgment of the court below cannot be maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of mistake is still subject to the judgment of this court within the scope of determining the modified facts charged, and this is examined in the below.

3. Determination on the grounds for appeal

A. In order to establish the crime of rape, the perpetrator’s assault and intimidation must be such as to make it impossible or considerably difficult to resist the victim. Whether the assault and intimidation were to make it impossible or considerably difficult to resist the victim, not only the content and degree of the assault and threat, but also all circumstances such as the developments leading up to exercising force, the relationship with the victim, the sexual intercourse, and the subsequent circumstances at the time of the assault and threat, should be determined by comprehensively taking into account not only the details and degree of the assault and threat.

(See Supreme Court Decision 2004Do2611 delivered on June 25, 2004). B.

The lower court, based on the evidence duly admitted and investigated, submitted by the prosecutor.