미수범 규정에 대한 형법개정 검토

• 발행기관: 충북대학교 법학연구소
• 저자명: 이상한(Lee, sang han)
• 간행물 정보: 『법학연구』第26卷 第1號, 223~249쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.06.30

영문 초록

‘Attempted crime’ means the case that committing the crime has started but it is not completed. In terms of that the start of committing the crime, it is clearly distinct with ‘conspiracy and preparation’, and in the way of that the crime was uncompleted, it is different to the ‘consummated crime’. When an intended crime is not completed or if the intended result does not occur, it shall be punishable as an attempted crime. The punishment for attempted crime may be mitigated than that of consummated crime. When a person voluntarily ceases his criminal act which he began or prevents the result of the culmination thereof, the punishments shall be mitigated or remitted. There are three type of attempted crime in criminal law of R.O.K. – attempted by obstacle, stopped an attempted and impossible attempt (article25~article27). In this paper, I review the current law system about attempted crime, meaning of each article and former research results about this issue, and then try to suggest my own opinion.

목차

Ⅰ. 서론

Ⅱ. 미수범 규정의 연혁 및 외국 입법례

Ⅲ. 미수범체계에 관한 검토

Ⅳ. 미수범의 개별규정에 관한 검토

Ⅴ. 결론

키워드

불능미수 장애미수 중지미수 자의성 위험성 실행의 착수 impossible attempt attempted crime voluntarily ceased crime voluntariness dangerousness