The guilty part of the judgment of the court of first instance and the second judgment shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor, including the statement of the victim by the prosecutor, the court below found the defendant not guilty of attempted rape despite the fact that the defendant attempted to rape. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Defendant 1) In the absence of a purchase of narcotics from E, the judgment of the court of first instance that convicted him of the violation of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc.") is erroneous in the misapprehension of the judgment, which affected the conclusion of the judgment.

2. Determination

A. Upon ex officio determination, the first, first, and second, the court below rendered a judgment of partial conviction against the defendant, and the second, the defendant appealed against each of the above judgments, and the first, the prosecutor appealeded against the first, and the second, the court decided to jointly examine the above appeal cases. The guilty part of the first and the second, all of the offenses against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the first, the conviction part of the judgment of the court below against the defendant and the second, shall be reversed.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and the prosecutor's assertion of misunderstanding of facts about the acquittal portion of the judgment of the court of first instance is not only subject to the judgment of this court, but also is decided whether it should be reversed depending on whether the defendant is guilty

B. Prosecution's assertion of mistake