절도미수․기수범이 재물탈환항거 등의 목적으로 폭행․협박한 행위의 형사책임

Considering differences between the illegality of attempt and completion as well as dictionary definition of a thief, a thief in quasi-robbery means only the completed one except an attempted one. Hence, either the attempt or completion of quasi-robbery depends on whether an assault or a threat reaches the degree which can suppress the insubordination of the counterpart or not. The above-mentioned propositions put forward the following four inferences:Firstly, when a completed thief causes an assault or a threat which reaches the degree that can suppress the insubordination of the counterpart, the thief is responsible for 'completion' of quasi-robbery. Secondly, when a completed thief causes an assault or a threat which doesn't reach the degree that can suppress the insubordination of the counterpart, the thief is responsible for 'attempt' of quasi-robbery. Thirdly, when an attempted thief causes an assault or a threat which reaches the degree that can suppress the insubordination of the counterpart, even if the insubordination of the counterpart is actually suppressed, the thief isn't responsible for attempt or completion of quasi-robbery because an attempted thief isn't the subject of quasi-robbery. Fourthly, when an attempted thief causes an assault or a threat which doesn't reach the degree that can suppress the insubordination of the counterpart, the thief isn't responsible for attempt or completion of quasi-robbery because an attempted thief isn't the subject of quasi-robbery.