The prosecutor's appeal is dismissed.

1. Considering the circumstances revealed in the records of the gist of the grounds for appeal, it can be deemed that the defendant 40 keys and the act of putting the defendant in place around clothes was closely engaged in an act that infringes on the victim's de facto control over the articles in clothes, and thus, it can be deemed that the defendant started to commit larceny. However, the court below which acquitted the defendant of this part of the facts charged, erred in the misapprehension of facts and affected the conclusion of the judgment.

2. As to the judgment of the court of first instance that found the Defendant guilty of part of the facts charged in relation to concurrent crimes under the former part of Article 37 of the Criminal Act and acquitted the remainder of the facts charged, the prosecutor did not state the grounds for appeal in relation to the portion not guilty while lodging an appeal, but indicated the scope of appeal as “total” in such a case, the entire judgment of the court of first instance is subject to the judgment (see, e.g., Supreme Court Decision 2014Do342, Mar. 27, 2014).

In the case of larceny, the time of commencement of the commission of larceny is when the act is closely committed that infringes another person’s de facto control over property (see, e.g., Supreme Court Decisions 86Do2256, Dec. 23, 1986; 88Do3077, Sept. 17, 1999); and whether the commencement of the commission of larceny has to be determined by comprehensively considering the method, mode, surrounding circumstances, etc. of the crime in a specific case.

(See Supreme Court Decision 82Do2944 delivered on March 8, 1983, etc.). B.

In this case, in light of the above legal principles, the circumstances revealed in the records of this case, namely, the defendant was exposed to the manager before opening the shower room in the front of the door while he was in the shower room with the key of the victim's clothes due to the change in the shower room (see, e.g., evidence records 41 pages). At the time of detection, the victim's property and location are reduced, and the manager of the shower room was separate, and about 15 persons were in the shower room.