연결효과에 의한 상상적 경합에 대한 비판적 고찰
Critical research about Concurrence of offence by connection effect
김태계(경상대학교)
21권 3호, 33~64쪽
초록
There are many that criminal cases punish to with multiple offences the case where concurrence of offence is being mixed. The such case problem is very complicated. When with multiple offences concurrence of offence is repeated, the problem occurs. The judicial precedent of Germany afterwords recognizes a concurrence of offence in case. Our country judicial precedent recognizes but with the multiple offences. The reason the criminal law of Germany continuation fault recognizes a concurrence of offence on gap with new crime. The if A crime and B crime become concurrence of offence on gap with multiple offences and respectively C crime, they recognize concurrence of offence in compliance with a connection effect from Germany and Japan. Recognizes a connection effect the biggest reason is to avoid a duplex evaluation in about C crime. The responsibility of the namely defendant is heavy is the thing too. There is an opinion where also our country accepts this theory. The opinion which negates this is many from our country. The reason in compliance with the crime where the multiple offences is different is not a possibility becoming the concurrence of offence. Also according to weight of connection crime multiple offences concurrence of offence. it sees is that the fact that it is decided. Solution method about reiteration competition of and concurrence of offence is that it controls with concurrence of offence and multiple offences order with multiple offences and concurrence of offence. Multiple offences afterwords that of namely AC concurrence of offence and BC concurrence of offence AB multiple offences after adding an extra weight, to compare a AB and the C and to punish. This as Comparative unit theory. It receives this theory and when it admits, Supreme Court it will be able to maintain the logic which is consistent. Therefore, Supreme Court judgment 1, 2, 3 should be changed. That is, when multiple offences and concurrence of offence concur, it handles multiple offences first and becomes connection effect then.
Abstract
There are many that criminal cases punish to with multiple offences the case where concurrence of offence is being mixed. The such case problem is very complicated. When with multiple offences concurrence of offence is repeated, the problem occurs. The judicial precedent of Germany afterwords recognizes a concurrence of offence in case. Our country judicial precedent recognizes but with the multiple offences. The reason the criminal law of Germany continuation fault recognizes a concurrence of offence on gap with new crime. The if A crime and B crime become concurrence of offence on gap with multiple offences and respectively C crime, they recognize concurrence of offence in compliance with a connection effect from Germany and Japan. Recognizes a connection effect the biggest reason is to avoid a duplex evaluation in about C crime. The responsibility of the namely defendant is heavy is the thing too. There is an opinion where also our country accepts this theory. The opinion which negates this is many from our country. The reason in compliance with the crime where the multiple offences is different is not a possibility becoming the concurrence of offence. Also according to weight of connection crime multiple offences concurrence of offence. it sees is that the fact that it is decided. Solution method about reiteration competition of and concurrence of offence is that it controls with concurrence of offence and multiple offences order with multiple offences and concurrence of offence. Multiple offences afterwords that of namely AC concurrence of offence and BC concurrence of offence AB multiple offences after adding an extra weight, to compare a AB and the C and to punish. This as Comparative unit theory. It receives this theory and when it admits, Supreme Court it will be able to maintain the logic which is consistent. Therefore, Supreme Court judgment 1, 2, 3 should be changed. That is, when multiple offences and concurrence of offence concur, it handles multiple offences first and becomes connection effect then.
- 발행기관:
- 법학연구소
- 분류:
- 법학