자살관여행위의 가벌성 근거

• 발행기관: 한국형사법학회
• 저자명: 박무원(Park, Moo-Won)
• 간행물 정보: 『형사법연구』형사법연구 제23권 제1호, 119~144쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.02.27

영문 초록

The core of the problem of the crime of aiding and abetting suicide(§252②, Criminal Law) is a rational explanation for the basis of punishability for suicide participation and its commencement of the commission from premises that suicide participation is provided in the same article with murder upon request and homicide with consent and it has same statutory penalty. Although it is the predominant view that suicide participation is a separate principal offense type in spite of the act patterns of committing abetment and assist, actual profit of distinction suicide participation that is provided in the form of accomplice from murder upon request in the form of principal is not inconsiderable. Even though suicide participation is punishable enough by being prepared its special constituent requisite, the dependency of accomplice shall not be disregarded for the reasons of act of committing in the accomplice form of abetting and assist. In many cases, the legality theory of suicide or the legal free zone theory of suicide is supported by the independent crime theory of suicide, but we shall not regard disposal of life as legal conduct or evaluation-suspended conduct. Because the interest of respect for each individual's self-determination right should not accomplished in the matter of life disposal that means destruction of each individual. In the concern of life disposal, both of the right self-determination(autonomy) and life(existence) are violated in homicide, but only life(existence) is violated in the crimes of homicide with consent. Such difference between these two types of crime is the base of reduction illegality and punishment of homicide with consent and suicide participation against homicide. Suicide is illegal misconduct although it has committed on one's responsibility. Because blocking commitment of suicide is completely legal and adequate behavior without composing violence whether suicide is self-answerable or not.

목차

Ⅰ. 들어가며

Ⅱ. 자살적법설과 자살관여죄의 처벌근거

Ⅲ. 자살위법설과 자살관여죄의 처벌근거

Ⅳ. 나오며

[참고문헌]

〈Abstract〉

키워드

자살교사ㆍ방조 동의살인 Suizidbeteiligung Selbstbestimmungsrecht Eigenverantwortung