[Criminal Justice] On April 8, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Chuncheon District Court on January 26, 2012, and completed the execution of the sentence in the Ganpo Prison on January 26, 2012.

[Specific criminal facts] around 01:05 on October 15, 2013, the Defendant 13,000 won at the market price, including 83,00 won in cash owned by the victim, was deducted from the back part of the victim, and 13,00 won at the front of the Seoul Central District Clock 122, and 7-8 persons, such as the victim C, are sitting and drinking together.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. A criminal investigation report by the prosecutor, a criminal investigation report by the prosecutor ( listening to the situation from the victim at the time of damage), a criminal investigation report by the prosecutor (a voice file reported by the victim, a CD file) by the prosecutor;

1. Police investigation report;

1. Previous convictions: Criminal history records and other inquiries (A), prosecutorial investigation reports (the date of release, etc.) and defense counsel's arguments, and the defendant and defense counsel asserts to the effect that the crime of this case constitutes attempted larceny.

In light of the above evidence, the defendant, at the time of the crime of this case, went back from the back main body of the victim, and then reported to 112 after the victim's hand by reporting that the victim has been faced with the wall. According to this, it is reasonable to see that the defendant's possession of the wall is infringed and that the actual control has already been moved to the defendant, as it is reasonable to see Supreme Court Decision 2007Do189 Decided March 15, 2007, and the defendant's above assertion.