주거침입과 결합된 형법상 재산범죄의 실행착수시기

A study on the commencement point for the commission of property crimes compounded by trespassing upon residence in the Korean Criminal Act

According to the Korean Criminal Act, it shall be punishable as an attempted crime, when an intended crime is not completed or if the intended result does not occur(Article 25 (1)). The punishment for attempted crimes shall be specifically provided in each Article concerned(Article 29). Attempt in criminal law is an offense that occurs when a person comes dangerously close to carrying out a criminal act, and intends to commit the act, but does not in fact commit it. A person who steals another's property by trespassing upon residence, guarded dwelling house, structure or ship or occupied room at night, shall be punished for compound larceny(Article 330). A person who steals another's property by trespassing at night upon the places specified in the preceding Article after destroying or damaging the gate, the wall or a part of the structure, shall be punished for special larceny(Article 331 (1)). A person who commits the crime as prescribed in Article 333 by trespassing upon a human habitation, managed building, structure, ship or aircraft or occupied room at night, shall be punished for special robbery(Article 334 (1)). A person who attempts to commit any crime of Articles 329 through 341 shall be punished(Article 342). The attempt must have gone beyond mere planning or preparation, and is distinct from other inchoate offenses. Punishment is often less severe than would be the case if the attempted crime had been carried out. Abandonment of the attempt may constitute a not guilty defence, depending partly on the extent to which the attempt was abandoned freely and voluntarily. The normal rule for establishing criminal liability is to prove an actus reus accompanied by a mens rea at the relevant time. This study is on the commencement stage for the commission of property crimes compounded by trespassing upon residence in the Korean Criminal Act.