The prosecutor's appeal is dismissed.

1. According to the overall evidence of the grounds for appeal, the court below erred in finding the defendant not guilty of each of the above facts charged, on the ground that the defendant could have sexual intercourse with the victim by force, as stated in each of the facts charged of this case.

2. Determination

A. In the relevant legal doctrine, “comforcing force” in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is a sufficient force to suppress the victim’s free will, and is not tangible or intangible, and it is also possible to ask not only assault and threat but also use a social and political position or authority of the actor.

In addition, whether sexual intercourse or indecent act was committed by force should be determined by comprehensively taking into account the following various circumstances: (a) the details and manner of the act committed against the victim; (b) the content and degree of the act committed against the victim; (c) the status of the offender who used it; (d) the type of the offender; (e) the victim’s age; (e) the relationship before the offender and the victim; (e) the degree of

(See Supreme Court Decision 201Do7164 Decided January 16, 2013, etc.). B.

The lower court’s judgment, based on the records, reveals the following circumstances acknowledged by the record: (i) the victim sent home around January 2013 and became aware of the Defendant who operated the instant office through the adoption of friendship around that time; (ii) the victim, alone, sent several text messages to the instant office; (iii) the Defendant sent several times, “d” and “I wish to report” to the Defendant; and (iv) the victim took a kind of meals with the Defendant, etc.; and (v) the victim took a place on February 6, 2013.

2. 8.경 피고인의 집에서 피고인, 피고인의 여자친구, 피고인의 친구들과 함께 잠을 자다가 춥고 불편하여 그 다음날 07:00경 잠에서 깼고, 마침 피고인이 이 사건 사무실에 간다고 하자 스스로 피고인을 따라나섰다고 하는바,...