The defendant shall be innocent.

1. On February 23, 2012, the summary of the facts charged, together with C (the non-detained trial on June 23, 2016), the Defendant resolved to steals construction materials, such as pipes, at the construction site located in Seosan-si D.

The Defendant drive FF truck around 23:00 on the same day, and C gets accompanied by the above cargo onto the open storage site at the construction site at the above E site, and, in order to steals the construction materials, such as pipes owned by the victim G, she taken off the above cargo vehicle with the wind, which was caught by the security guards during the patrol at the same site, and escaped.

As a result, the defendant did not commit a theft of the victim's property in collaboration with C, but did not commit an attempted crime.

2. Determination:

A. The time to commence larceny begins with the act of infringing another person’s de facto control over property. Whether to commence the commission of larceny ought to be determined by comprehensively taking into account the method, mode, surrounding circumstances, etc. of the crime (see, e.g., Supreme Court Decision 2009Do1454, Apr. 29, 2010). B) According to the evidence adopted and examined by the court, the Defendant and C were to take advantage of the vehicle and arrive at the construction site of this case; Defendant and C got off the vehicle at the construction site of this case; Defendant and C got off the vehicle at the construction site of this case; Defendant and C demanded to present identification cards to Defendant and C; Defendant and the Defendant presented their identification cards to H; Defendant and the Defendant presented their own identification cards to H while entering the construction site of this case; Defendant and Defendant were waiting to leave the construction site of this case and waiting to take out any Ha’s 112 report at the construction site of this case at the construction site of this case.

In doing so, the above act of the defendant and C is merely a preliminary stage of special larceny, and it is close to the act of infringing on actual control over construction materials owned by the victim, that is, special larceny.