지난 10년간(2011~2021) 대법원 형법판례의 변화: 총칙 분야

• 영문명: Changes in criminal cases of the Supreme Court of Korea over the past 10 years (2011-2021): General Part
• 발행기관: 한국형사판례연구회
• 저자명: 최준혁
• 간행물 정보: 『형사판례연구』제31권, 157~197쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

This article briefly reviewed the leading cases and related cases by the Supreme Court from 2011 to 2021 in each field of criminal law’s important areas in General Part: foundation, actus reus, justifications, excuses, inchoate Offenses, accomplice, and same offence. In order to celebrate the 30th anniversary academic conference of the Korean Association of Criminal Case Studies, the cases dealt with in the “review” of the Korean Journal of Criminal Case Studies were mainly focused. The starting point of the discussion is the question of when criticism of the judgment can be justified. This article says, the aim of judgment for specific validity in individual cases is not a problem in itself, but the following situation is a real problem: if ① it violates important principles of criminal law or fails to present standards that can be used to solve problems (problem of continuity), ② the criteria are too ambiguous to serve as practical criteria for judgment (problem of presenting nominal grounds), or ③ the clearly proposed criteria may conflict with other existing precedents (problem of consistency). Examples of such a case are 2015Do17907 on the ‘theory of motive’, 2015Do6809 on Omission, 2015Do1927 on strike and justification, 2014Do12773 on mistake of Law, 2018Do16002 on inchoate Offenses, 2015Do5964 on crime and status and 2010Do10500 on 1st and 2nd embezzlement.

목차

Ⅰ. 들어가며

Ⅱ. 지난 10년의 형법총칙 분야에서의 대법원 판결

Ⅲ. 맺으며

참고문헌

키워드

형법총칙 동기설 부진정부작위범 정당행위 법률의 착오 불능미수 소극적 신분 불가벌적 사후행위 Criminal Law General Part problem of continuity problem of presenting nominal grounds problem of consistency ‘theory of motive’