절도미수ㆍ기수범이 재물탈환항거 등의 목적으로 폭행ㆍ협박한 행위의 형사책임

• 영문명: The Criminal Responsibility of the Attempted or Completed Thief which Assaults or Threatens with the Object of Quasi-Robbery
• 발행기관: 한국형사법학회
• 저자명: 김경락(Kim, Kyung-Rak)
• 간행물 정보: 『형사법연구』형사법연구 제23권 제1호, 167~208쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.02.27

영문 초록

Considering differences between the illegality of attempt and completion as well as dictionary definition of a thief, a thief in quasi-robbery means only the completed one except an attempted one. Hence, either the attempt or completion of quasi-robbery depends on whether an assault or a threat reaches the degree which can suppress the insubordination of the counterpart or not. The above-mentioned propositions put forward the following four inferences: Firstly, when a completed thief causes an assault or a threat which reaches the degree that can suppress the insubordination of the counterpart, the thief is responsible for 'completion' of quasi-robbery. Secondly, when a completed thief causes an assault or a threat which doesn't reach the degree that can suppress the insubordination of the counterpart, the thief is responsible for 'attempt' of quasi-robbery. Thirdly, when an attempted thief causes an assault or a threat which reaches the degree that can suppress the insubordination of the counterpart, even if the insubordination of the counterpart is actually suppressed, the thief isn't responsible for attempt or completion of quasi-robbery because an attempted thief isn't the subject of quasi-robbery. Fourthly, when an attempted thief causes an assault or a threat which doesn't reach the degree that can suppress the insubordination of the counterpart, the thief isn't responsible for attempt or completion of quasi-robbery because an attempted thief isn't the subject of quasi-robbery.

목차

Ⅰ. 논의의 쟁점

Ⅱ. 준강도죄의 미수와 기수의 판단기준에 관한 입장검토

Ⅲ. 준강도죄의 행위주체와 미수와 기수의 판단기준 및 절도미수ㆍ기수범의 형사책임

[참고문헌]

[Abstract]

키워드

준강도죄 폭행 협박 기수 미수 Quasi-robbery Assault Threat Completion Attempt