일부상소와 상소심의 심판범위

• 영문명: ‘Appeal against Part of Decision’ and Scope of Appellate Court Trial
• 발행기관: 경희법학연구소
• 저자명: 양동철(Yang, Dong-Chul)
• 간행물 정보: 『경희법학』제45권 제3호, 197~234쪽, 전체 38쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.09.30

영문 초록

Article 342 (1) of the Criminal Procedure Act provides that “An Appeal may be filed against part of decision.” Part of decision does not mean part of its subjective scope but its objective one. And appeal against part of decision is not against part of a count but against part of decision of the criminal procedure in which court examine consolidated case like concurrent crimes In case appeal against part of decision is filed, the part shall be transferred to court of appeals and shall be its object of trial. On the other hand, the other part is not transferred but settled in principle. However, there are some exceptions. Article 342 (2) of the Criminal Procedure Act provides that “An Appeal which is taken against one part shall be deemed to have effect over the other part which is indispeably connected that part.” With reference to those issues, many sincere arguments are raised. And Supreme Court has released many meaningful precedents, like [Supreme Court Decision 1991Do1402], [Supreme Court Decision 1990Do2820] and so on. Therefore, it is necessary to analyze the standpoint of the Supreme Court and suggest a manifest criterion on that issue. This Article starts with a review of general theory about “Appeal against Part of Decision” and major issues Secondly, it analyzes leading judicial precedents and theories of domestic and abroad. Finally, it suggests criteria on that issue and possible solutions to the problems.

목차

l. 서론

ll. 일부상소와 상소심의 심판범위

lll. 경합범에 대하여 일부 무죄, 일부 유죄 판결이 선고된 경우

lV. 포괄일죄, 상상적 경합범에 대한 일부상소

V. 주위적ㆍ예비적 공소사실의 일부에 대한 상소

Vl. 죄수판단의 변경과 일부상소

Vll. 마치면서

키워드

상소 일부상소 항소 상고 심판의 범위 경합범 상상적 경합범 Appeal Appeal against Part of Decision Appeal to High Court Appeal to Supreme Court Scope of Trial Concurrent Crimes Compound Crimes