The defendant shall be innocent.

1. Around December 19, 2015, the Defendant entered the main toilet in the Dong-gu, Gwangju-si, Gwangju-si, about 02:42. Around December 19, 2015, the Defendant: (a) entered the main toilet in Dong-gu, Gwangju-si; (b) but was aware that he was a female toilet; and (c) entered the toilet instead of immediately leaving it; and (d) entered the toilet, and (e) entered the toilet E (n.e., 21 years old) in this side; (b) took a ballebal change; and (c) was pushed back and pushed back the head.

Accordingly, the defendant invadeds on public toilets for the purpose of fulfilling sexual desire.

2. Determination

A. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides for punishment for intrusion acts, such as public toilets, in accordance with whether Article 2 subparagraphs 1 through 5 of the Public Toilets Act (hereinafter “Act”) is applicable to satisfy his/her sexual desire.

Even if a toilet intrudes into a toilet for the purpose of meeting the sexual desire, if the toilet does not correspond to a toilet under subparagraphs 1 through 5 of Article 2 of the Public Toilets Act, it shall not be punished pursuant to the above provision of the Act.

B. According to Article 2 of the Public Toilets Act, public toilets, etc. refer to ① public toilets (No. 1, toilets installed by the State, local governments, corporations, or individuals for public use), ② public toilets (No. 2, toilets installed in the facilities of public institutions, toilets opened for public use, or toilets designated by the head of the Si/Gun/Gu in accordance with Article 9(2)), ③ mobile toilets (No. 3, toilets installed for temporary use in events, etc. where many people gather, ④ portable toilets (No. 4, small-scale toilets installed in an area where it is difficult to install public toilets), ⑤ paid toilets (no. 5, and toilets where a person who installs and manages toilets can collect user fees from users).

The laws of public toilets shall be state.