미수범의 체계에 대한 소고

• 영문명: A study on an attempted cnme intent
• 발행기관: 조선대학교 법학연구원
• 저자명: 류기환(Ryu, Gi-Hwan)
• 간행물 정보: 『법학논총』제15권 제2호, 75~96쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.10.30

영문 초록

Our criminal law prescribes three types of Criminal Attempt in Article 25, 26, 27, An attempted crime is an uncompleted crime, An attempted crime occurs when the defendant has the specific intent to commit a target offense, and he also performs a substantial step toward the commission of the crime, The defendant will be found liable if he also had the apparent ability to commit the offense, Attempt is similar to solicitation, in that both inchoate offenses merge into the completed crime, This Punishment is the most generous in Criminal Attempt that our criminal law prescribes, Here the reason becomes an issue why the uncompleted crime is Punished so generously, This is the question of legal character and the nature of the uncompleted crime, There are many theories, For example theory of criminal policy, law-theory, combination-theory, compensational theory, theory of Punitive Purpose, theory of fulfillment of responsibility, I have mentioned in the above the ground that the Korean criminal law deals most generously than a would-be one by reducing or exempting Punishment the uncompleted crime in Korean criminal law, This study investigated on the attempt criminal intent, This paper mainly focused on the following contents: 1) a concept of An attempted crime 2) Structure of criminal act and system of criminal 3) Ground of Punishment and Starting of execution

목차

I. 문제제기

II. 미수범의 개념

III. 미수범의 행위구조와 범죄론체계

IV. 미수범의 처벌근거와 실행의 착수

V. 결론

키워드

an attempted crime commencement of execution punishment ground for a crime attempt