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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)
A. (1) In fact, the Defendant did not enter a public toilet for the purpose of satisfaction of sexual desire, but did not intend to take the victim’s body by inserting a mobile phone to the lower part of the toilet so as to cause sexual humiliation or shame.
Nevertheless, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding each guilty of the charges of this case regarding the violation of sexual purpose public places and attempted use and photographing, such as a camera.
(2) Although the public toilets entered by the Defendant by misapprehending the legal doctrine cannot be deemed to constitute “public toilets, etc. according to whether Article 2 subparag. 1 through 5 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” under Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the lower court erred by misapprehending the legal doctrine on “public toilets, etc.” in the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Intrusion upon public places for sexual purpose) by convicting the Defendant of any intrusion on public places
B. In full view of the fact that the prosecutor (not guilty part of the judgment of the court below) recognized the fact that the defendant taken a part of a woman's body in the side change column of a public toilet, and that G made a statement in the court of the court below that "the defendant laid a cell phone in the side change column and taken a photograph", and that the part of the body of the defendant taken by the defendant is sufficient to cause a sense of shame, it can be acknowledged that the defendant committed an offense in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (using a camera, etc.) by photographing another person's body, which may cause sexual humiliation or sense of shame by using a camera function inside the mobile phone against his will, by taking the body of the defendant, which is likely to cause a sense of shame.
Nevertheless, it is not appropriate.