미수범 분야 개정방향

• 영문명: The Revision Direction of the Provision related to Attempted Crime
• 발행기관: 한국형사법학회
• 저자명: 김재봉(Kim, Jae-Bong)·류전철(Ryu, Chen-Chel)·이천현(Lee, Cheon-Hyun)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제1호, 115~142쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.28

영문 초록

The provisions related to attempted crime(article 25 ~ article 29) of criminal law in force have never been amended since the enactment of criminal law. It has been partially discussed when Ministry of Justice(MOJ) considered the amendment of criminal laws and regulations since 1985. However, it was about minor part of the attempted crime and the provisions which were expected to be revised were not legislated. Regarding the provisions of attempted crime, the Voluntarily Cased Crime and Impossible Crime were considerably discussed in the aspect of commentary, but little discussed in the aspect of legislation. Also, general discussions about the overall part of attempted crime have not been done enough. This study reviewed legislative issues, legislative history, the amendatory issues, and the legislative system in other countries of attempted crime, and presented proposals for improvement.

목차

Ⅰ. 서 설

Ⅱ. 표 제

Ⅲ. 미수범 일반규정과 조문체계

Ⅵ. 중지범

Ⅴ. 불능범

Ⅵ. 예비·음모

Abstract

키워드

미수범 중지미수 불능미수 예비․ 음모 Attempted Crime Voluntarily Cased Crime Impossible Crime Conspiracy and Preparation