The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An order to attach an electronic tracking device of this case.

1. The facts charged and a summary of the grounds for requesting the attachment order;

A. On February 22, 2013, at around 03:00, the Defendant and the person subject to an application for an attachment order (hereinafter “Defendant”) met the victim C (the age of 18) who was going on a road on the alley floor in Daegu-gu, Daegu-gu, and came to the house of the victim at around 06:00 on the same day with the victim, who would drink with the victim and drink the victim at a nearby drinking house and drink the victim with the victim.

The Defendant, at the home of the said victim, laid off the victim under the influence of alcohol, prevented the victim from getting into one’s arms, and imprisoned the victim’s resistance, cut off the victim’s lower part of his hand, and sexual intercourse once with the victim.

B. On June 12, 2009, the Defendant was sentenced to imprisonment for three years and six months due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Rape, etc.) at the Daegu District Court, and again committed a sexual crime on October 8, 2012 within ten (10) years after the completion of the enforcement of the sentence, and the Defendant was found to have committed a sexual crime on two or more occasions, and is likely to recommit a sexual crime.

2. The defendant and his defense counsel have no raped against the victim's will by means of having sexual intercourse with the victim under the victim's implied consent, exercising violence or intimidation, etc.

3. 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, and whether the assault and intimidation were to make it impossible or considerably difficult to resist the victim, the determination should be made by taking into account all the circumstances, including the details and degree of the assault and intimidation, the background leading up to the exercise of force, the relationship with the victim, and the circumstances at the time of sexual intercourse and the post.

Supreme Court Decision 2006Do5979 Decided January 25, 2007