항거불능의 상태에 있지 않은 사람에 대한 준강간의 시도

• 영문명: Quasi-rape attempts to people who are not in a state of non-resistance: Impossible Crime? Criminal Attempts?
• 발행기관: 한국형사판례연구회
• 저자명: 김대원(Kim, Dae-Won)
• 간행물 정보: 『형사판례연구』형사판례연구 제28권, 151~182쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.06.30

영문 초록

The facts of this ruling can be said to be simple. The actor thinks that the victim who is not incapable of being intoxicated is considered to be incapable of being intoxicated and takes advantage of the opportunity to embark on the practice of quasi-rape and have sex. However, the majority of opinions on the target judgments indicate that the accused person is drunk against a victim who is not incapable of anti-disobedience. Admit it. However, it was a mistake to judge a matter to be judged as a disability as an unacceptable attempt to admit the inability to immediately because the result did not occur simply because of the impossibility of means or objects. Therefore, as a criterion for distinguishing between disability attempts and disability attempts, ‘impossibility of occurrence of a result due to error of means or objects’ should be used as a specific criterion, whether it is a result of an accident or a result in any case. Therefore, this issue should be judged as a failure of the disability, not an incompetence of the quasi-rapist.

목차

[대상판결] 대법원 2019. 3. 28. 선고 2018도16002 전원합의체 판결

[연구]

Ⅰ. 들어가는 말

Ⅱ. 불능미수의 성립요건

Ⅲ. 대법원 판결에 대한 검토

Ⅲ. 나오는 말

키워드

준강간 불능미수 장애미수 항거불능 위험성 Quasi-rape Impossible Crime Criminal Attempts Inability to Resist a resulting danger