방조범의 인과관계

• 영문명: Causality of accomplice
• 발행기관: 한국형사판례연구회
• 저자명: 김범식(Kim, Dae-Won)
• 간행물 정보: 『형사판례연구』제30권, 127~153쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.06.30

영문 초록

In the past, Supreme Court precedents did not explicitly mention the causal of accomplice. The majority opinion of academia judged that the Supreme Court was in a position of unnecessary theory in relation to the causal of accomplice. Therefore, academia pointed out the problem of the Supreme Court, which easily recognizes aiding abetter if only aiding act is recognized. In other words, it was argued that caution should be exercised in establishing an accomplice by clearly distinguishing the causal between an facilitating behaviour. The Supreme Court explicitly stated that a causal between the accomplice is necessary in response to the academic criticism. Now, the remaining task of the Supreme Court is to create detailed requirements for acknowledging an facilitating behaviour in relation to the establishment of an accomplice. By continuing to provide specific criteria for acknowledging the causal of accomplice aggressors, it is to prevent human rights violations from being recognized too easily.

목차

Ⅰ. 들어가는 말

Ⅱ. 방조행위

Ⅲ. 방조범의 인과관계

Ⅳ. 나오는 말

키워드

방조범 방조행위 인관관계 링크행위 공중송신권 accomplice facilitating behaviour causality Linkage behavior the right to transmit to the public