For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of the relevant crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes due to attempted special larceny among the instant charges.

Even if examining the record, the court below did not err in its judgment by misapprehending the rules of evidence as alleged in the grounds of appeal.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.