승계적 공범에 대한 고찰

• 영문명: A Critical Review of Successional Accomplices
• 발행기관: 충북대학교 법학연구소
• 저자명: 이진수(Lee, Jin Soo)
• 간행물 정보: 『법학연구』第31卷 第2號, 257~290쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.12.30

영문 초록

The term “successional accomplices” refers to an accomplice participating in a crime after initiation by the principal. Successional accomplices include successional co-principals and successional accessories. The two key issues surrounding successional accomplices are the establishment of participators as successional accomplices, and their scope of criminal liability. Post participators as successional accomplices can be said to have succeeded the results of elements of crime initiated by the principal since they were aware of and participated in part of the act committed by the principal. They should be held liable only for areas of results of the elements of crime that they have a casual effect on. In this case, post participators assume responsibility as successional co-principals or accessories for occurrences after participation depending on whether there was functional criminal act control with the principal. Meanwhile, the specific scope of criminal liability of post participators should be reviewed from the perspective of divisibility of crime. Where post participators have participated in an indivisible crime, they must assume responsibility for the entire crime. This principle should apply not only to cases in which elements are undefined for acts involving post participators, but also cases where special laws different from general elements have been established. This can be seen as legislators having expressed their view that independent meaning is not achieved when separated from the whole. Here, post participators should be acknowledged only as accessories regardless of their form of participation.

목차

Ⅰ. 들어가는 말

Ⅱ. 승계적 공범에 대한 논의 상황 개관

Ⅲ. 승계적 공범에 관한 일본에서의 논의상황

Ⅳ. 승계적 공범에서 제기되는 쟁점들에 대한 세부적 고찰

Ⅴ. 맺음말

키워드

승계적 공범 승계적 공동정범 승계적 방조범 인과적 영향 범죄의 분할가능성 Successional Accomplices Successional Co-principals Successional Accessories Causal Effect Indivisibility of an Offense