The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant was aware of the Internet game called the Victim C (AF, 15 years of age) who is a juvenile and the Canadian on December 2012, 201.

When holding a crypt game with a victim, the Defendant: (a) stated that “a victim seeks dial-a-the-counter drugs” is a weak point to send a message; and (b) threatened the victim’s parents with the intent to rape; and (c) threatened the victim’s parents with the intent to know about rape.

On January 30, 2013, around 12:20, the Defendant had sexual intercourse with the victim, who was 15 years of age, by inserting sexual organ twice into the part of the victim’s sexual organ, who was fright to such intimidation, at the 3rd room located in the Gosi-si D.

2. Determination

A. From the prosecution to this court, the Defendant sent messages to the victim’s parents around December 2012, 201 that “the victim seeks to go to South and North Korea,” and that the Defendant would know the victim’s parents of the contents of conversation through hosting with the Defendant. On January 30, 2013, at around 12:20, the Defendant had sexual intercourse with the victim on two occasions in the near room of the 3th floor of the “Ecom” located in the Dolsan-si, Hasan-si. However, the Defendant denied the charge of the instant case, not by threatening the victim.

B. 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’s resistance should be determined by comprehensively taking into account all the circumstances, including the content and degree of the assault and intimidation, the developments leading up to exercising force, the relationship with the victim, the sexual intercourse, and the subsequent circumstances.

(See Supreme Court Decision 2006Do5979 Decided January 25, 2007, etc.). C.

In support of the facts charged in this case, the victim's legal statement, the prosecutor's office and police's statement of the victim, and the victim's accusation and the date and time of the crime are specified.