The prosecutor's appeal is dismissed.

1. On October 22, 2015, around 18:14, the summary of the grounds for appeal: (a) the Defendant invadedd one-lane female toilets with C4 stories in Dobong-gu Seoul Metropolitan Government (hereinafter “instant female toilets”); (b) went out of the toilet, and then intruded into the said female toilets with two-lanes around 18:25 on the same day; (c) was notified of a penalty of KRW 20,000 due to the violation of Article 3(1)37 (Unauthorized Intrusion) of the Punishment of Minor Offenses Act; (d) the Defendant was subject to a disposition of KRW 37 (Unauthorized Intrusion) of the Punishment of Minor Offenses Act; and (e) there is a renewal of the criminal intent between the primary and the secondary intrusion; and therefore, (e) the Defendant paid a penalty in accordance with the notification of the said secondary intrusion.

Even if the first intrusion, the facts charged in this case cannot be acquitted.

Therefore, the court below erred by misapprehending the facts and by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. On October 22, 2015, the Defendant entered the instant female toilets, which are private toilets, around 18:14 on October 22, 2015, and intruded into an open toilet for the purpose of meeting his sexual desire by admitting the appearance of women’s toilets in order to photograph the appearance of melting them.

B. The lower court determined that the Defendant violated Article 3(1)37 (Unauthorized Intrusion) of the Punishment of Minor Offenses Act on the ground that the Defendant violated Article 3(1)37 (Unauthorized Intrusion) of the Punishment of Minor Offenses Act on October 22, 2015 by comprehensively taking account of the following: (a) the written demand for attendance at the trial; (b) the inquiry of the written notification, and the inquiry of the investigation report ( telephone investigation); and (c) the Defendant infringed on the instant female toilets on the instant day.

The facts of being notified of KRW 20,000, and the defendant's person recognized that he/she paid KRW 30,000,000, which is the sum of the penalty and the amount added to 50/100 on May 23, 2016, prior to the filing of the petition for adjudication, after the lapse of the payment period for the above penalty. After recognizing that the penalty and the amount were paid, the facts constituting the crime of violating the Punishment of Minor Offenses Act are the basis thereof.