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학술논문형사법연구2012.12 발행KCI 피인용 3

개인적 법익에 관한 범죄의 법정형의 문제점 및 개정방향

A Study on the Improvement of the Statutory penalty for criminal code's system

김경락(제주대학교)

24권 4호, 109~153쪽

초록

There are many problems which are that the punishment's quantity is disproportionate to the crime, the standard to determine the statutory penalty's quantity isn't clear without a certain system and many provisions are inconsistent with criminal code's system in the statutory penalty of the crime on the criminal code's individual benefit. For example, the provision which bodily injury against a lineal ascendant, abandonment of an ascendant and false arrest, and imprisonment of a lineal ascendant are treated equally isn't right. The provision which rape resulting in death/bodily injury and forcible indecency resulting in death․bodily injury are treated equally isn't right. The provision which bodily injury on the occasion of robbery and robbery resulting in bodily injury are treated equally isn't right. These provisions should be amended.

Abstract

There are many problems which are that the punishment's quantity is disproportionate to the crime, the standard to determine the statutory penalty's quantity isn't clear without a certain system and many provisions are inconsistent with criminal code's system in the statutory penalty of the crime on the criminal code's individual benefit. For example, the provision which bodily injury against a lineal ascendant, abandonment of an ascendant and false arrest, and imprisonment of a lineal ascendant are treated equally isn't right. The provision which rape resulting in death/bodily injury and forcible indecency resulting in death․bodily injury are treated equally isn't right. The provision which bodily injury on the occasion of robbery and robbery resulting in bodily injury are treated equally isn't right. These provisions should be amended.

발행기관:
한국형사법학회
DOI:
http://dx.doi.org/10.21795/kcla.2012.24.4.109
분류:
법학

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개인적 법익에 관한 범죄의 법정형의 문제점 및 개정방향 | 형사법연구 2012 | AskLaw | 애스크로 AI