The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The toilets affected by the Defendant by mistake of facts and legal principles do not constitute public toilets, etc.

Nevertheless, the lower judgment that convicted the Defendant by applying Article 12 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15156, Dec. 12, 2017; hereinafter “former Punishment of Sexual Crimes”) is erroneous by misapprehending the legal doctrine and facts.

B. The punishment sentenced by the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the lecture for treatment of sexual assault) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged based on the evidence duly adopted and examined by the lower court and the lower court, whether the Defendant’s intrusiond a toilet constitutes a public toilet under Article 2 subparag. 1 of the Public Toilets Act (hereinafter “Public Toilets Act”).

Therefore, it is justified that the court below found the defendant guilty by applying Article 12 of the former Punishment of Sexual Violence Act to the charges of the defendant, and there is an error of law by misunderstanding the facts and legal principles in the judgment of the court below, which affected

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

(1) Article 12 of the former Punishment of Sexual Violence Act is established when a person intrudes into toilets prescribed in subparagraphs 1 through 5 of Article 2 of the Public Toilets Act (hereinafter referred to as “public toilets, etc.”).

Public toilets, etc. prescribed in the above Public Toilets Act are intended to be used by the State, a local government, a corporation, or an individual (a toilet installed by the State, a corporation, or an individual in order to provide the public for use) the public toilets located within the territory of the Republic of Korea (No. 2, a toilet opened for public use among toilets installed in the facilities of a public institution, or a toilet designated by the head of the Si/Gun/Gu of the Special Self-Governing Do Governor pursuant to Article 9(2)), and mobile toilets (No. 3, many people gather, etc.).