The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant, at around 23:00 on September 27, 2016, laid down the apartment in Daegu-gu, Daegu-gu, in order to bring the victim D (at the time, 15 years old) who attended the Defendant’s living day wave into the house, and opened the above apartment building 104 units of stairs on the fourth to the fourth to five floors.

Since then, the defendant had the victim take the arms of the victim, put his hand into the part of the victim's clothes, put his fingers into the part of the victim's clothes, and let the victim quickly sworn his head into the victim's sexual organ by pushing the victim's head into the part of the victim's sexual organ.

Then, the Defendant inserted the Defendant’s sexual organ into the part of the victim, even though the victim was pushed down and resisted by two descendants.

Accordingly, the defendant has sexual intercourse with a child or juvenile by force.

2. The summary of the Defendant’s and the defense counsel’s assertion was the fact that the Defendant had sexual intercourse with the victim under the agreement at the time and place stated in the facts charged of the instant case, but there was no fact of exercising force on

3. The power of determination means a force sufficient to suppress the victim’s intent of sexual freedom, which is neither tangible nor intangible, nor may it be possible to ask the victim to use not only the intimidation but also the social economic political status or authority of the actor.

In addition, whether sexual intercourse was committed by force should be determined by comprehensively taking into account various circumstances, such as the details and mode of a specific act committed against the victim, the content and degree of the act committed against the victim, the status of the offender who used it, or the type of authority, the victim's age, the relationship before the offender and the injured person, the degree of violation against the victim's bodily pressure and sexual freedom, and the circumstances at the time of the crime (see Supreme Court Decision 2008Do4069, Jul. 24, 2008, etc.). Meanwhile, the burden of proof for the criminal facts indicted in a criminal trial exists with the prosecutor and the conviction.