강도상해죄의 행위주체와 미수와 기수의 판단기준

• 영문명: The Subject and Judgmental Standard of Attempt and Completion of Robbery Resulting in a Bodily Injury - Critical Review by the Comparison with Quasi-Robbery -
• 발행기관: 한국형사법학회
• 저자명: 김경락(Kim, Kyung-Rak)
• 간행물 정보: 『형사법연구』형사법연구 제22권 제4호, 307~345쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.02.06

영문 초록

According to the logical interpretation of the relevant provisions of the Criminal Code as well as dictionary definition of a robber, a robber in robbery resulting in a bodily injury means only the completed one except an attempted one. Hence, either the attempt or completion of robbery resulting in a bodily injury depends on whether the result of a bodily injury occurs or not. The above-mentioned propositions put forward the following four inferences: Firstly, when a completed robber causes a bodily injury, the robber is responsible for completion of robbery resulting in a bodily injury because a completed one is the subject of robbery resulting in a bodily injury. Secondly, when a completed robber causes no bodily injury, the robber is responsible for attempt of robbery resulting in a bodily injury because a completed one is the subject of robbery resulting in a bodily injury. Thirdly, when an attempted robber causes a bodily injury, despite powerful offences, the robber isn't responsible for attempt or completion of robbery resulting in a bodily injury but responsible for accumulative crimes of both the attempted robbery and completed bodily injury, because an attempted robber isn't the subject of robbery resulting in a bodily injury. Fourthly, when an attempted robber causes no bodily injury, despite powerful offences that may cause a bodily injury, the robber isn't responsible for the attempt or completion of robbery resulting in a bodily injury but responsible for accumulative crimes of both the attempted robbery and attempted bodily injury, because an attempted robber isn't the subject of robbery resulting in a bodily injury.

목차

Ⅰ. 대상판결의 쟁점

Ⅱ. 강도상해죄의 행위주체: 강도미수범의 포함여부

Ⅲ. 강도상해죄의 미수와 기수의 판단기준: 준강도죄의 미수와 기수의 판단기준과의 비교를 통한 검토

Ⅳ. 결 론

키워드

강도상해죄 준강도죄 결합범 미수 기수 Robbery resulting in a bodily injury Quasi-robbery Concurrent offences Attempt Completion