In the case of larceny, the first instance of the time of commencement

When the radio line intending to steals the radio on the book of the responding room after intrusion upon the victim's house is discovered, attempted theft crimes are established.

Article 25 of the Criminal Act

Defendant

Seoul Criminal District Court Decision 65No1987 delivered on February 25, 1966, the Seoul Criminal District Court Decision 65No1987 delivered on February 25, 1966

The appeal is dismissed.

50 days under detention after an appeal shall be included in the original sentence.

As to each of the grounds of appeal by the defense counsel and the defendant

According to the criminal facts maintained by the court below at the time of the first instance court's judgment, the defendant invadedd the victim's non-party on September 9, 1965, and discovered the victim's radio line on his/her book, and discovered the victim's radio line intending to steals, and failed to achieve the purpose of theft. Thus, the act of intending to receive radio line as above constitutes a violation of de facto control over the radio of this case. Thus, the court below is just in holding this case as an attempted larceny, and even if the defendant's family situation and motive of the crime were the same as the theory, and the crime was not planned, the defendant's imprisonment with prison labor and the punishment for a short term of June 8 is not legitimate in the case where the defendant was sentenced to a punishment for a short term of imprisonment with prison labor and the punishment for a short term of not less than six months, and thus, it is not justified.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

The judge of the Supreme Court (Presiding Judge) of the Red Round (Presiding Judge)