태아에 대한 가해행위의 처벌과 한계 - 대법원 2007.6.29. 선고, 2005도3832 판결

• 영문명: A Study on the Problems related to the Criminal Sanctions and their Boundary in doing harm toward to the Unborn Child
• 발행기관: 한국형사법학회
• 저자명: 김종덕(Kim Jong-Deok)
• 간행물 정보: 『형사법연구』형사법연구 제20권 제1호, 217~238쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.01.24

영문 초록

  Recently, with progress of medical science and biotechnology, the problems on life of fetus as a live being or origin of human being that should be protected by law and establishment of its protection"s boundary are rising to the surface of debate as a very important problems newly. Therefore, in relation with many kinds of cases that safety of fetus is threatened, this paper reviewed boundary of fetus protection by criminal law.
  New approach which is based on the notion that fetus almost has equal protective value by law to human being is introduced in this paper. Because it is very necessary that we should be discuss the problem of protection for life of fetus based on this new approach.
  This paper was written for the purpose of criticizing what problems the Supreme Court"s precedent cases related to the illegal abortion and the various crimes against an women delivered of a child and born children as a result of a harmful act toward to Unborn Child(Fetus and Embryo) have. And this paper exhibits rational countermeasures for the synthetic interpretation and legislation about the others similar to this case.
  Lastly, this paper deals with the problems that whether an offender condemned a severe punishment owing to serious results comes into existence or not in spite of such a case which an abortion failed in the attempt.

목차

Ⅰ. 서론
Ⅱ. 대상판결 : 대법원 2007.6.29. 선고, 2005도3832 판결
Ⅲ. 연구
Ⅳ. 결론
〈Abstract〉

키워드

낙태 태아성치사상 낙태치사상죄 (가칭) 태아살해(상해)치상죄