2017년도 형법판례 회고

• 영문명: The Reviews of the Criminal Cases of the Korean Supreme Court in 2017
• 발행기관: 한국형사판례연구회
• 저자명: 오영근(Oh, Young-Keun)
• 간행물 정보: 『형사판례연구』형사판례연구 제26권, 557~588쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

In the year of 2017, 110 criminal cases by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court. 5 criminal law cases of which are decided by the Grand Panel. In this paper, above 5 cases and other several cases are reviewed which seem to be comparatively important to the author. All the reviews are constituted as follows: 1. The Fact of the Case, 2. The Summary of Decision and 3. The Note. The contents of this paper is as follows; Ⅰ. Introduction Ⅱ. The Cases of the Grand Panel of the Korean Supreme Court In this chapter, 5 cases of the Grand Panel are reviewed. The subjects of the cases are mainly related with the principle of ‘nulla poena sine lege’. For example, the prohibition of analogical interpretation and the prohibition of wide delegation of the punishment to the lower regulation are commented. Ⅲ. The Cases relating to General Part of Criminal Law In this chapter, 3 cases are reviewed. The subjects of the cases are the temporal effect of the punishment, Verbotsirrtum and the number Ⅳ. The Cases relating to Special Part of Criminal Law 6 Cases are reviewed in this Chapter. The subjects are the calculation of punishment, the concept of injury in sexual violence crimes and etc.

목차

Ⅰ. 머리말

Ⅱ. 대법원 전원합의체 판결

Ⅲ. 총칙 관련 판례

Ⅳ. 각칙 관련 판례

키워드

죄형법정주의 유추해석 사기죄 상해 통신매체이용음란행위 nulla poena sine lege analogical interpretation fraud injury in sexual violence Obscene Acts by Using Means of Communication