All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (seven months of imprisonment) is too unreasonable.

B. The Prosecutor’s (1) legal doctrine misunderstanding (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) constitutes public toilets as stipulated in Article 2 subparag. 1 of the Public Toilets, etc. Act.

Nevertheless, the judgment of the court below which acquitted the principal facts charged on the ground that the toilet of this case does not constitute a public toilet, etc. under Article 2 of the above Act is erroneous in the misapprehension of legal principles.

(2) The sentence sentenced by the lower court is too unfortunate and unreasonable.

2. Determination

A. As to the Prosecutor’s assertion of misapprehension of the legal doctrine, the lower court acquitted the Defendant on the ground that the instant toilets do not constitute public toilets, etc. as prescribed by the Public Toilets, etc. Act, based on the circumstances in its reasoning.

(2) In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, the instant toilets installed on the first floor of the hospital and used for free use by building users, so it is apparent that they are not “live toilets, portable toilets, and pay toilets” as prescribed by the Act on Public Toilets, etc., and not “live toilets” (the instant hospital buildings are not public buildings, and there is no evidence supporting the aforementioned designation necessary to designate the head of Gwangju North-gu Office in order to become an open toilet as prescribed by the said Act). Moreover, comprehensively considering the following circumstances, the purpose of installing the instant toilets by the manager of the D hospital is not to provide for public use, rather than to provide for public use, the purpose of installing the instant toilets is to make patients using the said hospital available for public use.