실행의 착수와 구성요건 실현을 위한 ‘직접적인’ 전 단계행위

• 영문명: The direct action of pre-stage to fulfilling Actus reus and start to doing crime
• 발행기관: 한국형사판례연구회
• 저자명: 안경옥(Ahn Kyongok)
• 간행물 정보: 『형사판례연구』형사판례연구 제24권, 199~227쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.06.30

영문 초록

In the case of illegal drug trafficking, regarding whether to acknowledge the undertaking action of illegal drug trafficking when the person only have received the payment, however, have not yet possessed or obtained the drug, it is not appropriate to acknowledge starting to doing crime. Merely, the person received the payment according to the contract of sale, at least it is possible to acknowledge the undertaking action of drug trafficking crime. In other words, it is problematic that whether this level of action is preparation stage of crime or is relevant to attempting crime. If the person already signed the contract of sale, it can be seen as the direct action of configuration requirement not as the action of preparation stage. Regarding an indecent assault, if someone tried to hug the victim with the intention of harassment within the distance of 1m with the victim, even though there was no physical contact, this has proximity in time/place with actus reus of actual crime. Without the intermediate intervention action, it may be considered as action that is possible to directly fulfill actus reus. According to the crime plan of a person, he/she is about to hug and assault the victim. Action of raising hand to hug the victim is the last stage of actus reus which other intermediate intervention action is not needed. Therefore, attempted indecent assault is considerable.

목차

Ⅰ. 대상판결

Ⅱ. 문제의 제기

Ⅲ. 실행의 착수에 대한 일반적 판단 기준

Ⅳ. 각 개별 구성요건에 따른 실행의 착수 판단

Ⅴ. 대상판결의 적용

Ⅵ. 마치며

키워드

실행의 착수 마약매매행위 강제추행죄 illegal drug trafficking attempt of crime assault crime