야간주거침입절도죄의 실행의 착수시기

The time of commencement of execution of a crime can't be judged without considering occurring a danger on interests protected by law of constituent elements of a crime. Thus, the time of commencement of execution of a crime is when after some of the actions provided from constituent elements of a crime are initiated or a direct action for the realization of constituent elements of a crime is initiated, a danger on interests protected by law of constituent elements of a crime is occurred due to the actions. According to this standard judgment, the time of commencement of execution of larceny committed by trespassing into dwelling at night is not when a wrongdoer trespasses into dwelling at night, but when after he or she trespasses into dwelling at night, he or she looks for something to steal the property of the others, because the only time is when a danger on interests protected by law of larceny committed by trespassing into dwelling at night is occurred. In conclusion, because the action of the accused can't be recognized as commencement of execution of larceny committed by trespassing into dwelling at night, the Supreme Court's decision isn't right. Thus, the action of the accused isn't attempt(receiving a criminal penalty) of larceny committed by trespassing into dwelling at night, but preparation(not receiving a criminal penalty) of larceny committed by trespassing into dwelling at night.