사인의 현행범인 체포와 추적과정에 수반되는 주거침입죄의 성부(成否)

• 영문명: The establishment of trespassing which is accompanied arrest of a flagrant offender and chase process of private man
• 발행기관: 한국형사법학회
• 저자명: 최영승(Choi, Young-Seung)
• 간행물 정보: 『형사법연구』형사법연구 제23권 제1호, 145~166쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.02.27

영문 초록

There is in principle compulsory disposal of an investigation agency to a writ on the criminal code of legal procedure. The reason is as possibility to follow by possession of human rights infringement the arrest act that is a way having made is deprived personal liberty of unarrested, and to rise of compulsory disposal is large. Surely the subject is limited to an investigation agency. However, according to the Criminal Procedure code, not only the investigation agency but anyone can arrest without writ in case of flagrant offender. It means more consider the effective way of exercise jurisdiction than the side of human right of unarrested for the point of exercise jurisdiction by private man. The case of invasion to other’s housing is permitted by law when the investigation agency has tracking flagrant offender. While, there are some different view the case of private man about housebreaking. In this case, it's briefly mentioned form the most of criminal law and criminal procedure code textbook. Therefore, from this article look at the whether recognize or not of trespassing when into to other's housing from the way of arrest of a flagrant offender especially, focus on the private man. To do this, first of all, looks at the concept, subject to the requirements of generalities problems by arrest system of flagrant offender of criminal Procedure code. Then, whether recognize trespassing or not involved in arrest process will be discussed according to theory and case to relate barring illegality. In this case, protect legal interests of trespassing to approach view of in fact calm residential. I world like to solve this divided into three kinds. First of all, in case of flagrant offender is an inhabitant, second, in case of flagrant offender and third party live together, third, in case of other’s housing. In the previous two cases, Precedent in light of the residential character of the attitude of the implied consent to be presupposed by understanding, Actions by the consent of the victim that the theory is to make up barring constituent elements. In the case of third, Section 212 paragraph 1 of this section in accordance with applicable analogy is that barring illegality. However, although these three separate pieces of discussion, it can be solved rely on the concept of socially established rules which is general principles of facts barring illegality ultimately.

목차

Ⅰ. 서두에

Ⅱ. 현행범인의 체포일반

Ⅲ. 현행범인 체포에 따른 주거침입죄의 성부(成否)

Ⅳ. 말미에

키워드

현행범인 체포 주거침입죄 묵시적 동의 사회상규 정당행위 arrest of a flagrant offender housebreaking implied consent socially established rules justifiable act