Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As part of normal business, the Defendant did not enter a female toilet with intent to satisfy his sexual desire, or rather entered with intent to satisfy the sexual desire.
B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 3 million, and a sexual assault treatment program of KRW 400,000) is too unreasonable.
2. Determination:
A. 1) On the assertion of mistake of facts, the court below's determination is a general act of confirming the entry into the toilet in general, such as lacing or asking the room, and the defendant is a common act to find out the following circumstances, namely, ① the time prior to the closure point, but there were about 30 employees on the 3rd floor of the "D" building, so it could sufficiently be anticipated that there was a person to view the change in the toilet. ② The court below found the defendant guilty of the following facts in light of the following circumstances: