The appeal is dismissed.

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just to maintain the judgment of the court of first instance which judged that the crime of attempted special robbery of this case does not constitute an attempted crime, on the grounds as stated in its reasoning, and there is no error in the misapprehension of the legal principle as to the attempted crime of attempted special robbery of this case by misapprehending the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal principles

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 prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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