대향범에 대한 공범규정의 적용여부-편면적 대향범을 중심으로-

Two-Way Criminality presupposes that two or more people do the minimum cooperative deed to achieve for the constituent elements. In other words, it is not satisfied by the only presence of Two-Way Criminal because the intension directions to achieve the same goal are opposed to each other. So they need to do the cooperation deed for stated enforcement act in the configuration requirements. For the unpunishable criminals of One-sided Criminality, Korean Supreme Court applies repeatedly the traditional legal principles that accomplices rules do not apply to them, even if they actively engage in the criminal conduct. Because the accomplice rules of the Criminal general law are not applied to Two-Way Criminality. This attitude will let out the criminals that caused the criminality actively. Accordingly, they are not punished though they deserve to be punished. So this is not seen as a reasonable solution because it brings the results that are denied the legal sentiment. In Two-Way Criminality, the unpunishable deed is limited to simple Two-Way cooperation deed. And they are punished with applying the accomplice rules of the Criminal general law, when there are active involved deeds which exceed the simple cooperation deed. I believe it is consistent with the equality and legal sentiment.