친족상도례의 적용대상에 관한 문제점 및 입법론

• 영문명: The Study on the Problems and Legislation of the Subjects to apply Larceny committed against One's Relatives
• 발행기관: 한국형사법학회
• 저자명: 김경락(Kim, Kyung-Rak)
• 간행물 정보: 『형사법연구』형사법연구 제24권 제2호, 139~170쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

The subjects to apply larceny committed against one's relatives have the following problems. Firstly, breaking and entering isn't the subject to apply larceny committed against one's relatives but larceny committed by trespassing into dwelling at night and special larceny are the subjects to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter aren't always punished. Secondly, larceny committed by trespassing into dwelling in the daytime isn't the subject to apply larceny committed against one's relatives but larceny committed by trespassing into dwelling at night is the subject to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter isn't always punished. Thirdly, malicious mischief isn't the subject to apply larceny committed against one's relatives but special larceny is the subject to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter isn't always punished. Fourthly, malicious mischief isn't the subject to apply larceny committed against one's relatives but malicious mischief committed after larceny is the subject to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter isn't always punished. In order to solve these problems, the following methods can be present. Firstly, larceny committed by trespassing into dwelling at night and special larceny should be excluded from the subjects to apply larceny committed against one's relatives. Secondly, malicious mischief should be included in the subjects to apply larceny committed against one's relatives.

목차

Ⅰ. 논의의 쟁점

Ⅱ. 친족상도례의 적용대상에 관한 문제점

Ⅲ. 친족상도례의 적용대상에 관한 입법론

Ⅳ. 결 론

[참고문헌]

[Abstract]

키워드

친족상도례 야간주거침입절도죄 특수절도죄 재물손괴죄 주거침입죄 Larceny committed against one's Relatives Larceny committed by trespassing into dwelling at night Special larceny Malicious mischief Breaking and entering