2022년도 형법판례 회고

• 영문명: The Reviews of the Criminal Law Cases of the Korean Supreme Court in 2022
• 발행기관: 한국형사판례연구회
• 저자명: 김혜정
• 간행물 정보: 『형사판례연구』제31권, 469~535쪽, 전체 67쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

Ⅰ. Introduction In 2022, a total of 226 criminal cases were sentenced by the Korean Supreme Court. These cases refer to the data registered on the court website.1) Among them, 7 criminal cases of which are decided by the Grand Panel, were included. In this article, 6 cases by the Grand Panel and other several cases that is remanded after reversal are reviewed. The review of cases is as follows: 1. The Fact of Case, 2. The Reason for Judgment, 3. The Review. Ⅱ. The Cases of the Grand Panel of the Korean Supreme Court In this chapter, 6 cases of the Grand Panel are reviewed. The subjects of the cases are ‘whether the transferor of the creditor is subject to the crime of embezzlement’, ‘the concept of indecent act and the scope of component analysis’, ‘entry into public places and the purpose of the crime’, ‘Article 1, Paragraph 2 of the Criminal Act and the motive theory’, ‘oriental medicine doctor’ Use of ultrasonic diagnostic equipment and licensed medical practice’ and ‘whether the debtor under the transfer security contract is the subject of the breach of trust’. Ⅲ. The Cases related to the General Part of Criminal Law In this chapter, 3 cases are reviewed. The subject is related with ‘Timing of Execution in House Trespassing’, ‘Criminal legalism and legal interpretation,’ and ‘accomplices without principal offenders and identity offender’. Ⅳ. The Cases related to the Special Part of Criminal Law In this chapter, 6 cases are reviewed. The subject is related with ‘Scope of office authority and meaning of abuse’, ‘Collection of data through crawling and violation of information and communication networks’, ‘The meaning of storage in the embezzlement’, ‘Forced indecent assault after breaking into a house and responsibility’, ‘The Concept of Leakage and Whistleblowing’, ect.

목차

Ⅰ. 들어가는 말

Ⅱ. 대법원 전원합의체 판결

Ⅲ. 총칙 관련 판결

Ⅳ. 각칙 관련 판결

Ⅴ. 맺음말

참고문헌

키워드

채권양도인과 횡령죄 공공장소출입과 범죄목적 군형법상 추행의미 한의사의초음파진단기기 사용 동기설 debt transfer and embezzlement access to public places and criminal purposes meaning of indecent act under the Military Criminal Act use of ultrasound diagnostic equipment by oriental doctors motivational theory