In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.

A. The judgment of the court below that found the defendant and the respondent for the attachment order (hereinafter "defendant") guilty of the facts charged of this case on the ground of the lack of consistency and credibility in light of the empirical rule, and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence of unfair sentencing (one-month imprisonment, etc.) of the lower court is too unreasonable.

B. (1) The above sentence of the court below on unreasonable sentencing is unfair because it is too uneasible.

In light of the fact that the Defendant committed the instant indecent act by compulsion against the patient’s family member who was in charge of a nurse even though he/she was prosecuted for an indecent act by compulsion on the criminal records stated in the judgment below, it is sufficiently recognized that the Defendant is likely to recommit a sexual crime.

Nevertheless, the judgment of the court below which dismissed the prosecutor's request for probation order.

2. Determination

A. In light of the content of the judgment of the court of first instance on the Defendant’s assertion of mistake of facts and the evidence examined by the court of first instance, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if there are exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of the statement made by a witness of the first instance is remarkably unfair considering the result of the first instance examination and the result of additional evidence examination conducted by the time the argument of the appellate court is concluded, the appellate court shall not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2018Do1748, Jul. 24, 2019). The Defendant also has the charge of indecent act by compulsion.