급여 등 형태로 취득한 공범의 범죄수익 추징

• 영문명: An additional charge of criminal profits obtained in the form of wages, etc.
• 발행기관: 한국형사판례연구회
• 저자명: 권순건(Kwon, Sun-Keon)
• 간행물 정보: 『형사판례연구』형사판례연구 제26권, 73~101쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

The purpose of the confiscational or penalty of criminal gains is to deprive the crime of its illegal profits and prevent it from being retained. On the other hand, under criminal law, joint crime, teacher crime, and accessories are intended to be punished for criminal acts and their degree of participation, so the two do not necessarily have to be consistent in logic. In other words, if a person is merely an accessory and receives sufficient income from a crime through crime, he or she should pay an additional charge of criminal profits obtained in the form of wages, etc. but if a person is joint principal offender and receive not sufficient income from a crime through crime, he or she do not need to pay an additional charge of criminal profits obtained in the form of wages, etc. In the result, who will pay the penalty from depends on the attainment of the purpose of the confiscational or penalty of criminal gains.

목차

Ⅰ. 문제의 제기

Ⅱ. 추징에 관한 일반론(공범관련 판례를 중심으로)

Ⅲ. 사안의 해결

키워드

추징 범죄수익 공동정범 방조범 an additional charge profit from crime joint principal offender an accessory to a crime