절도죄의 객체로서 재물의 ‘재산적 가치’에 대한 검토

• 영문명: A review for the value of property as an object of larceny
• 발행기관: 한국형사판례연구회
• 저자명: 박찬걸(Park Chan-Keol)
• 간행물 정보: 『형사판례연구』형사판례연구 제19권, 298~325쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

The article §329 of Criminal Act of Korea lay down like this; A person who steals another s property shall be punished by imprisonment for not more than six years or by a fine not exceeding ten million won . Larceny is one of the most common occurred crime and make out a most basic theory of property offences. The purpose of this study is to analysis the object of larceny. 2010. 2. 25. the Supreme Court of Korea made judgement that a free newspaper could be the object of larceny, while the Supreme Court did not gave a decision concrete reason. Also to relate with value of property as the object of larceny, there is not provision in the criminal law. So value of property as the object of larceny entrusts a interpretation with full argument. The property as a thing of value should be divided active value, passive value, financial value, subjective value and exchange value etc. The most contentious issue of these is interpretation of passive value and subjective value. But there has been no judical precedent for this kind of case especially subjective value as of yet. In my judgement, if any thing has only subjective value, it is not property. The contents of this study is as follows; Ⅰ. A progress report of judgement Ⅱ. Raise a question Ⅲ. The relation of property and value Ⅳ. Review of judgement

목차

Ⅰ. 대상판결의 주요 경과

Ⅱ. 문제의 제기

Ⅲ. 재물과 재산적 가치와의 관계

Ⅳ. 대상판결의 검토

키워드

절도죄 재물 물건 재산적 가치 절도죄의 객체 larceny property thing value of property the object of larceny