The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. The Defendant only opened the entrance of female toilets, but did not intrude into female toilets.

B. The Defendant merely made the victim’s words “Irriday” and cannot be deemed to have a purpose to satisfy the Defendant’s sexual desire.

C. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental disorder, which lacks or lacks the ability to discern things or make decisions, due to mental illness.

The punishment of the lower court (six months of imprisonment, forty hours of completion of a sexual assault treatment program, three years of disclosure and notification of personal information, three years of restriction on employment) is too unreasonable.

2. Determination

A. Regarding the assertion that the crime of intrusion does not constitute "influence", since the crime of intrusion upon residence is the protected legal interest of the person who actually enters the other person's residence. Thus, the crime of intrusion upon residence is not established because the whole person's body is not necessarily into the other person's residence which is the purpose of the crime, but if a part of the body enters the other person's residence, even if the resident went into the residence of the other person, it can harm the peace of the real residence which the resident can enjoy, it is sufficient to say that the crime of intrusion upon residence meets the requirement of crime. Therefore, the criminal intent of intrusion upon residence does not necessarily require the awareness that the whole body enters the other person's residence, but it is sufficient to say that a part of the body enters the other person's residence even if it enters the other person's residence (see, e.g., Supreme Court Decision 94Do2561, Sept. 15, 195).