2018년도 형법판례 회고

• 영문명: The Reviews of the Criminal Cases of the Korean Supreme Court in 2018
• 발행기관: 한국형사판례연구회
• 저자명: 오영근(OH, Young-Keun)
• 간행물 정보: 『형사판례연구』형사판례연구 제27권, 525~551쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

In the year of 2018, 150 criminal cases by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court (https://glaw.scourt.go.kr/wsjo/intesrch/sjo022.do#//). 4 criminal law cases of which are decided by the Grand Panel. In this paper, above 4 cases and other several cases are reviewed which seem to be comparatively important to the author. Most of the reviews are constituted as follows: 1. The Fact of the Case, 2. The Summary of Decision and 3. The Note. But in some reviews the fact of the case are omitted. The contents of this paper is as follows; Ⅰ. Introduction Ⅱ. The Cases of the Grand Panel of the Korean Supreme Court In this chapter, 4 cases of the Grand Panel are reviewed. The subjects of the cases are ‘the double selling of the real estate and the breach of trust’, ‘the embezzlement in the voice phishing crime’, ‘the reasonable interpretation of the concept of internet site system’, ‘the criminal liability of the conscientious objector’. Ⅲ. The Cases relating to General Part of Criminal Law In this chapter, 4 cases are reviewed. The subjects of all cases are related to how to interpret the criminal provisions reasonably observing the strict interpretation principle of the criminal law. Ⅳ. The Cases relating to Special Part of Criminal Law 7 Cases are reviewed in this Chapter. The crimes which are the subjects of the reviews are the abandonment, the indecent assault, the libel and slander, the fraud, the breach of trust and etc.

목차

Ⅰ. 머리말

Ⅱ. 대법원 전원합의체 판결

Ⅲ. 총칙 관련 판례

Ⅳ. 각칙 관련 판례

키워드

부동산 이중매매 양심적 병역거부 보이스피싱 배임죄 횡령죄 사기죄 the double selling of the real estate the conscientious objector the voice phishing the breach of trust the embezzlement