미수범 규정에 대한 형법개정 검토

‘Attempted crime’ means the case that committing the crime has started but it is not completed. In terms of that the start of committing the crime, it is clearly distinct with ‘conspiracy and preparation’, and in the way of that the crime was uncompleted, it is different to the ‘consummated crime’. When an intended crime is not completed or if the intended result does not occur, it shall be punishable as an attempted crime. The punishment for attempted crime may be mitigated than that of consummated crime. When a person voluntarily ceases his criminal act which he began or prevents the result of the culmination thereof, the punishments shall be mitigated or remitted. There are three type of attempted crime in criminal law of R.O.K. – attempted by obstacle, stopped an attempted and impossible attempt (article25~article27). In this paper, I review the current law system about attempted crime, meaning of each article and former research results about this issue, and then try to suggest my own opinion.