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(영문) 대법원 1983. 10. 25. 선고 83도2432, 83감도420 판결
[특정범죄가중처벌등에관한법률위반·보호감호][공1983.12.15.(718),1796]
Main Issues

In the event that only the hacks of hand bags are opened, the commission of larceny shall commence.

Summary of Judgment

In order to steal money and valuables, even though one hand of the grandchildren who are placed on the top of the express bus has turned down, the execution of larceny has started.

[Reference Provisions]

Articles 25, 329, and 342 of the Criminal Act

An applicant for concurrent Office of the Defendant

An applicant for concurrent Office of the Defendant

upper and high-ranking persons

Defendant and Appellant for Custody

Defense Counsel

Attorney Lee Jin-hoon

Judgment of the lower court

Seoul High Court Decision 83No1159, 83No245 Decided July 23, 1983

Text

The appeal is dismissed.

The number of detention days after an appeal shall be included in the imprisonment.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal No. 1

According to the evidence produced by the judgment of the court below, since it is sufficient to recognize the facts of the judgment against the defendant, the judgment of the court below is justified, and there is no violation of the rules of evidence such as the theory of lawsuit, and therefore the arguments cannot be

2. As to the second ground for appeal by the defense counsel

The facts confirmed by the court below are as follows: the defendant used a newspaper site on the left hand of the victim's 007 hand room set above the bus in order to steal money and valuables in an express bus, and opened the above bank as a hand hand, but it was not possible to bring the above bank out to the security top of the above high-speed bus stop, and did not bring it out to a attempted crime, such as the litigation theory, even if 007 is open to the 1st hand room of the above high-speed bus stop, the execution of the larceny crime was commenced. Therefore, it cannot be admitted that the court below viewed it as a attempted larceny is just and there is no argument that it is only a larceny preliminary charge under the opinion against this.

Therefore, the appeal is dismissed, and part of the detention days after the appeal is included in the imprisonment. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)

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