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The prosecutor's appeal is dismissed.
Reasons
1. Although the gist of the grounds for appeal falls under the “public toilets, etc. according to whether Article 2 subparagraphs 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 which acquitted the Defendant on the ground that the toilets of this case do not fall under the above, erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that affected the conclusion of the judgment.
2. Determination
A. On July 26, 2014, the Defendant: (a) around 21:10 on July 26, 2014, the summary of the facts charged was in front of an outdoor public toilet near the D cafeteria located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu; and (b) the Defendant entered the toilet to view the victim E (26 taxes, inn) in order to view this side, and entered the toilet through an open toilet for the purpose of meeting his/her sexual desire; and (c) entered the door through an open toilet for the purpose of meeting the victim’s sexual desire; and (d) sealed the victim with its head as an empty space between the partitions.
Ultimately, the Defendant intruded on public toilets with a view to meeting his sexual desire.
B. Determination 1) According to Article 2 of the Public Toilets, etc. Act, “public toilets, etc.” means ① public toilets (the State, local governments, corporations, or individuals installed to provide for public use), ② Open toilets (the toilets installed in the facilities of public institutions that are open to the public, or toilets designated by the head of a Si/Gun/Gu pursuant to Article 9(2)), ③ Mobile toilets (the toilets installed for temporary use in events, etc. where many people gather), ④ Small toilets (the toilets installed in an area where it is difficult to install a public toilet), ⑤ paid toilets (the toilets where the installer or manager of a toilet can collect user fees from users).
In addition, the Act on Public Toilets, etc. is to the State and local governments.