공범관계로부터의 이탈이론과 그 인정기준

The regulation on criminal of abeyance in criminal law requires a certain action initiated for its execution was unfinished or no result stemming from it. On the other hand regulation on joint principal offenders in the criminal law punishes each of criminals when more than 2 persons jointly commit crimes as principal offenders of the concerned crime. And when a defendant who was an accomplice of a crime separated from the relationship of complicity halfway of the crime but thereafter crime was continued by another accomplice then there arises problem on how far responsibility for the crime should be attributed to the defendant who separated himself or herself from crime halfway. The problem here is how far such defendant to be held responsible for the concerned crime on the basis of principles such as principle of appropriateness within the principle of "nulla poena sine lege" and regulation on attempted crime in the criminal law and regulation of public law. The theory on separation from relationship of complicity was at first came to be fore in order to curtail its scope in the judicial precedents where joint principal offenders in complicity were recognized. But since then it expanded to the theory of separation after commencing execution. Accordingly theory of separation from relationship of complicity has been accepted as necessary concept for rationally adjusting and evaluating crime of accomplice who separated himself or herself from 10 1 such complicity. Provided that, in judicial precedents or theories separation before commencing execution mainly has been recognized broadly mainly for cases of joint principal offenders of complicity but width of such recognition for separation after the stage of commencing the execution seemed to be few. As theory on separation from relationship of complicity at first appeared for imposing rational punishment on the defendants who did such separation it appears to be there is also need for application of such theory to the stage after the commencing execution too. Accordingly deliberation in this subject should be more focused on finding rational standard for recognizing separation from relationship of complicity after the stage of commencing execution.