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학술논문형사판례연구2012.06 발행KCI 피인용 6

2000년대 초기 대법원판례의 동향 -주요 재산범죄 관련 대법원판례를 중심으로-

A review of the major property criminal cases in the early 2000s

박형준(대법원)

20권, 85~153쪽

초록

In this article, I have investigated the major property criminal cases(i.e. embezzlement, breach of trust, fraud and theft cases) sentenced in the Supreme Court since 2000, and have analyzed the n otable importance and the implications of the judgement. I have tried to examine closely, how the Supreme Court has come to apply the judicial interpretation especially in academia to discuss issues or newly emerging types of crimes as the socio-economic situations change. In summary, it could be evaluated that the Supreme Court has emphasized on the principle of “nulla poena sine lege” to protect people from the punishment without law and the arbitrary exercise of state police power, and has made an effort to make the criminal law function at its best to defend liberty and legal benefit in property rights, in response to social and economic changes. *

Abstract

In this article, I have investigated the major property criminal cases(i.e. embezzlement, breach of trust, fraud and theft cases) sentenced in the Supreme Court since 2000, and have analyzed the n otable importance and the implications of the judgement. I have tried to examine closely, how the Supreme Court has come to apply the judicial interpretation especially in academia to discuss issues or newly emerging types of crimes as the socio-economic situations change. In summary, it could be evaluated that the Supreme Court has emphasized on the principle of “nulla poena sine lege” to protect people from the punishment without law and the arbitrary exercise of state police power, and has made an effort to make the criminal law function at its best to defend liberty and legal benefit in property rights, in response to social and economic changes. *

발행기관:
한국형사판례연구회
DOI:
http://dx.doi.org/10.23102/kaccs.2012.20..003
분류:
형사정책

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2000년대 초기 대법원판례의 동향 -주요 재산범죄 관련 대법원판례를 중심으로- | 형사판례연구 2012 | AskLaw | 애스크로 AI