죄수론의 판단구조에 관한 연구

• 영문명: A Research on the Decision-Making Structure for Determining the Number of Offenses
• 발행기관: 원광대학교 법학연구소
• 저자명: 정혜욱(Choung, Hye-Uk)
• 간행물 정보: 『원광법학』제28권 제3호, 83~110쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

Determining the number of offenses, act-based principle which starts off from counting the number of acts committed and crime-based principle which starts off from counting the number of crimes committed are proposed competitively. On the other hand, there is also a view saying either principle can be used because the order is not an important factor. The number of offenses is the last stage of criminal assessment. Because it is the last decision making stage following the penality decision, it should be harmonized with criminology and prevent any misjudgements and chaos. If these factors are not related and affected by the two principles mentioned above, there would be no practical use in discussing on the decision-making structure for determining the number of offenses. studying it, I have reached at a conclusion: system that determines the number of acts prior to penality decision, followed by the determination of number of crimes would allow the harmonization with criminology. This is because the subject of criminal assessment is a man's act and beginning with deciding and examining such subject is the natural flow in the criminology system. The unit of act should first be determined when following the act-based principle and it is a very important and difficult work because it asks to divide a man's act, that is a one uninterrupted continuum. Subsequently, nature of the man's act cannot be used as a standard for dividing it into separate units. Rather, it should be based on the social recognition frame which gives a distorted vision of seeing the continuous reality as one that is not continuous. There are several views to determine the unit of act such as the one that relates the unit of act to legal sense and social/penal standards of act. These views have appropriate decision criteria but still need complementation in crystallizing them. This complementation can be achieved by understanding the contents of the social recognition which can be discovered through the language that we use. For example, the range of expressions that we use to individualize the portion of man's act into one unit and designating it(killing, raping, stealing money and goods, etc.) can be said to be the one unit of act.

목차

Ⅰ. 들어가는 말

Ⅱ. 죄수론 판단의 두 가지 기본입장

Ⅲ. 죄수론 판단구조에 대한 검토

Ⅳ. 행위의 단일성과 다수성에 대한 판단기준

Ⅴ. 맺는 말

참고문헌

Abstract

키워드

죄수론 경합문제 행위단위 상상적 경합 실체적 경합 Theory for Determining the Number of Offenses Problem of Competition Unit of Act Ideal Competition Real Competition