영미형법상 이전범의의 원칙

• 영문명: The Doctrine of Transferred Intention in Anglo-American Criminal Law
• 발행기관: 원광대학교 법학연구소
• 저자명: 윤상민(Yoon, Sang-Min)
• 간행물 정보: 『법학연구』제22집 제1권, 207~233쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

As a general rule, Anglo-American Criminal Law can result in charges which include the mistake of object and the mistake of means. But the imputation is different between the mistake of objects and the mistake of means. The mistake of object means a mistake about people and specific objects. So people think the result is guilty. Because they intended the result. For example an actual offender shoot A to kill A, but they missed the mark. SoB was injured. Even though the actual offender didn't want to shoot b he was hurt. So we recognize the causation of the result. Because the intention transferred from A to B, the actual offender bears the responsibility. We call the Doctrine of Transferred Intention or transferred malice' in Anglo-American Criminal Law. We'll investigate the Doctrine of Transferred Intention and also we'll examine this theory to see how much we agree with korea's theory. We'll distinguish between America's theory and British's theory about the doctrine of transferred malice

목차

Ⅰ. 서언

Ⅱ. 영국의 이전범의의 원칙

Ⅲ. 미국의 이전범의의 원칙

Ⅳ. 결언

참고문헌

Abstract

키워드

착오 사실의 착오 방법의 착오 객체의 착오 이전범의의 원칙 mistake the mistake of object the mistake of means Doctrine of Transferred Intention Doctrine of transferred malice