The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. In the first instance trial, the prosecutor applied for the amendment of the indictment to add the facts constituting the crime, the facts charged as to the intrusion on the structure, and the applicable legal provisions (Article 319(1) of the Criminal Act) as stated below at the trial. Since the trial has been permitted, the facts charged as to the violation of the Act on the Punishment of Sexual Crimes (Intrusion into public places) and the facts charged as to the intrusion on the structure added in the second instance fall under the scope of the trial.

2. Summary of grounds for appeal;

A. In fact, the instant toilet did not constitute “public toilets, etc.” under Article 2 of the Act on Public Toilets, etc., and thus, did not constitute a crime of violation of the Act on the Punishment of Sexual Crimes (infringement into public places for sexual purposes), the lower court found the Defendant guilty of the instant facts charged, which erred by misapprehending the legal principles.

B. The punishment of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

3. Determination

A. A summary of the facts charged (1) No person who violates the Act on the Punishment of Sexual Crimes (in the primary charges) shall intrude into public places, such as public toilets, etc., or comply with a demand to leave the same place for the purpose of meeting his/her sexual desire.

Nevertheless, around April 22, 2015, the Defendant reported a studio from the male side of the public toilet which is a male and female official in Busan Shipping Daegu C1, Busan, to enter the said toilet, and then entered the said toilet again into the said toilet for the purpose of meeting his sexual desire, such as theft of the inside of the female-use side crepit, etc., in order to satisfy his sexual desire.

2) The facts constituting the crime are as follows: (a) intrusion on a structure (the ancillary facts charged).

B. The lower court determined that the instant toilet was the owner of the building.