형사법상 예비·음모죄에 대한 재검토- 음모죄 폐지와 예비죄 정비 -

It is incontestable that punishment for crimes should be based upon the principle of a consummated crime's case. And about the regular crime,attempted crime punishment would be considered. Particularly, It is not a simple problem recognize the inner criminal intention externally, and applying it to requisites for constituting a crime in practice in itself is not easy. Conspiracy means plot or promise about the crime among more than two people, and punishment for conspiracy is belongs to criminal law of mind because such actions do not revealed externally and clearly. Nevertheless, in our country, inchoate actions and conspiratorial actions are being covered to be punished, punishment regulations about conspiracy should be eliminated in the provision. Furthermore, to punish the preparatory stage for committing crimes, first of all, it should be limited to the crimes that the benefit and protection of the law I are especially being mattered, and limited to the crime group which is able to have a devastating effects on the majority of people as well. Therefore, criminal punishment for inchoate crime should also be limited to the important crimes such as rebellion‧invasion and life invasion, and decriminalize the crime group which is theoretically possible but inchoate difficult to reach put inchoate into action of crime in nature. Also, though punish as the inchoate crime, review a method of limitation of the penalty in law and analyze the excessively punished part on perspective of comparative law then should control rationally.