[1] The degree of violence and intimidation in the crime of rape and the criteria for its determination

[2] The case holding that in a case where the defendant had induced the victim to do so by going through the visit and demanded sexual intercourse after the locking, it was recognized that the defendant exercised a tangible power to the extent that the victim's resistance may be considerably difficult

[3] The meaning of aiding and abetting under the Criminal Act, and whether allowing a person without a driver's license to drive a car without a driver's license constitutes aiding and abetting the crime of violating the Road Traffic Act (affirmative)

[1] In the case of rape, violence or intimidation must be such a degree as to make it considerably difficult to resist the victim’s resistance. Whether the violence or intimidation was significantly 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 in question, the developments leading up to the exercise of force, the relationship with the victim, and the circumstances at the time of the crime.

[2] The case holding that in a case where the defendant had induced the victim to do with inn and demanded sexual intercourse after the locking, it was recognized that the victim's resistance was exercised to the extent that the victim's resistance was significantly difficult

[3] An act of aiding and abetting under the Criminal Code refers to any direct or indirect act that facilitates the principal's act while knowing the fact that the principal's act is committed, and if a person without a driver's license provides a vehicle to a person without a driver's license and causes the person to drive without a driver's license, such act constitutes aiding and abetting a crime in violation of the Road Traffic Act (

[1] Article 297 of the Criminal Code / [2] Article 297 of the Criminal Code / [3] Article 32 of the Criminal Code, Article 40 of the Road Traffic Act

[1] Supreme Court Decision 88Do1628 delivered on Nov. 8, 198 (Gong1988, 1556), Supreme Court Decision 92Do259 delivered on Apr. 14, 1992 (Gong1992, 164) Supreme Court Decision 99Do519 delivered on Apr. 9, 199 (Gong1999Sang, 950), Supreme Court Decision 99Do2608 delivered on Sept. 21, 199 (Gong199Ha, 2275), Supreme Court Decision 200Do1253 delivered on Jun. 9, 200 (Gong200Ha, 1695) / [3] Supreme Court Decision 80Do19659 delivered on Apr. 29, 1965 (Gong19659, Sept. 29, 205)

Defendant

Defendant

Attorney Nowon-won

Gwangju High Court Decision 2000No18 delivered on April 27, 2000

The appeal is dismissed. 79 days out of detention days after the appeal shall be included in the original sentence.

Each ground of appeal by the defendant and public defender shall be examined together.

1. Examining the evidence specified in the judgment of the court of first instance as cited by the court below in light of the records, the judgment of the court below which convicted the defendant of this case on the ground that there is evidence of crime shall not be an error of misconception of facts due to a violation of the

2. In the case of rape, violence or intimidation must be such as to make it considerably difficult to resist the victim’s resistance. Whether the violence or intimidation was significantly difficult to resist the victim’s resistance should be determined by comprehensively taking account of the following: (a) the content and degree of the assault and intimidation in question exercising tangible power; (b) the developments leading up to exercising force; (c) the relationship with the victim; and (d) the circumstances at the time of the crime (see Supreme Court Decision 99Do2608, Sept. 21, 199).

Examining the evidence of the first instance judgment as cited by the court below in light of the records, it is acknowledged that the defendant has requested sexual intercourse from the victim after leaving the room in the court below's decision, and the victim has refused to visit the victim after leaving the room, but the victim has many friendships in the side. Whether it is necessary to order the victim's sexual intercourse? It is necessary to order the victim's sexual intercourse? It is recognized that the defendant requested sexual behavior. Considering all the circumstances indicated in the records, such as these facts and the age of the victim, and the fact that the defendant has a physical force to the extent that it is considerably difficult to resist the victim's resistance. Thus, it cannot be said that the court below maintained the judgment of the court of first instance that maintained the judgment of the court of first instance that there is evidence of a crime of violation of the Punishment of Sexual Crimes and Protection of Victims, etc. Act, and there is no error of law by misapprehending legal principles as to assault and intimidation in the judgment of the court of first instance as alleged in the ground for appeal.

3. An act of aiding and abetting under the Criminal Act refers to any direct or indirect act that facilitates the principal's act while knowing the fact that the principal's act is committed, and if the defendant provided a vehicle to the non-indicted who is not a driver's license, and let the non-indicted to drive the vehicle without a driver's license, such act constitutes an act of aiding and abetting and abetting the crime in violation of the Road Traffic Act (unlicensed driving). Therefore, the judgment of the court below to the same purport shall be justified, and there is no violation of the law of misunderstanding

4. Therefore, the appeal shall be dismissed and 79 days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Cho-Un (Presiding Justice)