Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

In addition, the Defendant, who was requested to attach an attachment order (hereinafter only referred to as the “Defendant”), committed a sexual intercourse with the victim, and did not have sexual intercourse with the victim by force, the lower court erred by misapprehending the fact.

The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

The sentence of the court below in the part of the defendant's case of the prosecutor is too unhued and unreasonable.

It is improper that the court below dismissed the defendant's request for an attachment order even though he/she has a risk of repeating a crime by committing two or more sexual crimes.

Judgment

The “comfort force” in the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse related to the determination of the Defendant’s assertion is a sufficient force to suppress the victim’s sexual free will, and is not tangible, intangible, or intangible. It is also possible to use not only assault and threat but also social, economic, political status or authority of the actor.

In addition, whether sexual intercourse was committed by force shall be determined by comprehensively taking into account various circumstances, such as the details and manner of the specific act, the content and degree of the force that exercised, the status of the offender or the kind of authority to use the force that exercised, the age of the victim, the relationship between the offender and the victim before the victim, the degree of violation of the pressure inflicted on the victim and the intent of sexual freedom, and

(see, e.g., Supreme Court Decision 201Do7164, Jan. 16, 2013) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court rejected the Defendant’s assertion by deeming that the Defendant could sufficiently recognize the fact of sexual intercourse with the victim by force.

The victim consistently made the statements from the investigative agency to the court as follows, and the contents of the statements are very concrete.

The defendant is a victim.