In a case where a police officer is discovered of a vehicle parked on the road by opening a door of a vehicle parked on the road by using hand knicks, etc. and knicking cash, etc. at night, and a police officer is found to have commenced the commission of larceny in case where the driver was discovered by hand in order to confirm whether the knicks of the vehicle are locked or not.

Article 329 of the Criminal Act

Defendant

Prosecutor

Gwangju District Court Decision 2009No830 Decided May 29, 2009

The judgment of the court below is reversed, and the case is remanded to the Gwangju District Court Panel Division.

We examine the grounds of appeal.

The court below held that the charge of this case is not a case where the charge of this case is not established, considering the fact that it is not easy to remove the locking device because the vehicle parked on the street at night is likely to be equipped with ordinary locking devices and thus, in order to steals the articles, etc. contained in the vehicle, it is difficult to remove the locking device, etc. in order to do so, and considering the fact that it is not easy to remove the locking device, such as the charge of this case, it is necessary to open the door of the vehicle parked on the street by using the knick strings, etc. which were in possession at night, such as the charge of this case, and to look back to the knick vehicle in order to collect the cash, etc. contained in the bill, and first finds the knick vehicle in order to confirm whether the vehicle's door is diving, and first finds it difficult to view it as a close act that infringes the owner's de facto control over the property in the vehicle.

However, we cannot agree with the judgment of the court below that the defendant did not commence the commission of larceny for the following reasons.

In the instant case, it is recognized that the Defendant’s act of taking chips inside a chip is discovered in the course of having been committed by the police officer in order to verify whether the door of the chip vehicle in this case was locked by opening the door of a vehicle parked on the road by using her knicks, etc., which the Defendant possessed at night and the knicks, and by using the knicks for packaging, and in order to verify whether the door of the knicking vehicle in this case is locked. It is reasonable to deem that the act of taking chips inside the knick for the purpose of taking property in the knick vehicle was commenced, and that the act of infringing on the victim’s de facto control over the property in the vehicle was

The court below erred in the misapprehension of legal principles as to the commencement of larceny, which affected the conclusion of the judgment.

The ground of appeal pointing this out is with merit.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Chang-soo (Presiding Justice)