특가법상 가중처벌규정의 문제점과 개선방안 - 재산범죄를 제외한 구성요건을 중심으로

• 영문명: A study on the problems with the “Act on Aggravated Punishment, etc., for Specific Crimes”
• 발행기관: 한국형사법학회
• 저자명: 한영수(Han Young-Soo) 안경옥
• 간행물 정보: 『형사법연구』형사법연구 제26권, 169~198쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  This paper analyzes the problems with the “Act on Aggravated Punishment, etc., for Specific Crimes” and proposes the ways of handling identified problems.
  The “Act on Aggravated Punishment, etc., for Specific Crimes” is an act that legally dispenses aggravated punishments to some crimes. It was first made into law on Feb. 23, 1966, and has since been revised 23 times. During the course of its revisions, its scope of target crimes has grown. Accordingly, it is hard not only to find crimes that are not included in the Act’s initial targets, but it is also easy to find similarities among the target crimes.
  The problems that have been raised regarding the “Act on Aggravated Punishment, etc., for Specific Crimes” can be summarized as follow
  Aggravated punishment regulations that are not consistent with the introductory purpose of this Act.
  Aggravated punishment regulations that are already contained or redundant in Criminal Law.
  Aggravated punishment regulations that dispense too heavy penalties.
  These mentioned problems with this Act cannot be ignored any more. Therefore, hereby are some solutions or strategies to handle these problems.
  Regulations that were subsequently added after its creation should be removed.
  Regulations that are already mentioned or repeated in Criminal Law should be absorbed in Criminal Law.
  Heavy penalties that are more severe than those in Criminal Law should be softened.
  Regulations concerning the violation of the “Customs Law”, the “Punishment of Tax Evaders Act”, the “Act of Forest Resources”, and the “Act on Special Cases concerning the Prevention of Illegal Trafficking in Narcotics, etc.”, should be moved to the above-mentioned laws.
  To sum up, the “Act on Aggravated Punishment, etc., for Specific Crimes” has to be abolished.

목차

Ⅰ. 서론
Ⅱ. 특가법의 법령연혁과 입법배경
Ⅲ. 가중처벌규정의 문제점과 개선방향
Ⅳ. 결론
〈Abstract〉
[토론문] : ‘특가법상 가중처벌규정의 문제점과 개선방안’에 대한 토론문

키워드

특가법 형벌가중 양형 특별형법 형사특별법 법정형