The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, it is justifiable for the court below to maintain the judgment of the court of first instance which found the Defendant guilty of attempted larceny among the facts charged in this case on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles as to the commencement of commission in larceny

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor imprisonment with or without labor for not less than eight months has been imposed on the defendant, the argument

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