야간에 합동하여 주거에 침입하여 재물을 절취한 자의 형사책임

A Larceny after housebreaking at night(Article 330 of the Korean Criminal Act) brings about an imbalance of penalty in our criminal law system. If a man jointly steals another’s property on the spot after housebreaking at day, a housebreaking(co-principal) and a band larceny become the concurrent crimes. But if a man steals in the same way at night, a larceny after housebreaking at night(co-principal) and a band larceny are in the imaginative concurrence of crimes. Though the latter acts are more dangerous than the former acts, the latter acts are punished more lightly. The way to recognize the concurrent crimes between a housebreaking(co-principal) and a band larceny in regard to the latter acts can be considered, it is not a smooth solution. We can only hope that the imbalance of penalty will be settled in the process of determination of penalty. Ultimately, it is desirable to abolish the crimes whose penalty is aggravated on the grounds of the time situation of “at night”(de lege ferenda). German criminal act and japanese criminal act don’t have expressions like “at night” or “at day” in larceny.