다수 가담자의 예비단계에서의 범행이탈

Here is to be examined whether the member of accomplices can discharge criminal liability for accomplice as he gives up the joint crime resolution or its intent. Firstly, it is examined the question of whether the joint crime resolution is ever compulsory requirement for complicity. Then ask whether the offender who has not yet done anything to facts achievement required, can also be impunity through giving up his purpose in the preparatory stages. With that, it shall pay particular attention to whether the intent is the same with the joint crime resolution. But the focus of the examination, the question should be, is under what conditions the crime resolution abandoned. Various jurisdictions from Ferderal Court in Germany(BGHSt) and the Korean Supream Court(kOGH) are also treated. In summary, it can be stated that the crime resolution and the intent are to be important at different times, have different requirements and perform different functions. The criminal act of the joint principal offender requires also intent as joint crime resolution. If it doesn't meet these requirements, the criminal act of the joint principal offender is not possible. Here, it is possible to omit the intent by the method of the joint principal offender broken away from accomplices in the preparatory stage of offence.