결과적 가중범 규정의 개선 방향에 관한 고찰

Legislators have heavily regulated the basic crimes of Consequentially Aggravated Crimes which often lead to heavy effects (mostly injury or death). Thus, In relation to the illegality, That is heavier than the Simple Combination Form. The aggravated punishment of Consequentially Aggravated Crime can be justified by examining the argumentation of illegality closely. Being analyzed structurally, The Consequentially Aggravated Crime consists of the simple combination of different crimes; A deliberate offense and A criminal negligence. In this case, The fundamental solution is to be punished by Article 40. As the exception of Article 40, The punishment of Consequentially Aggravated Crime is much heavier than that of the Simple Combination Form (a deliberate offense and a criminal negligence) dealt with by Article 40. Even though the Consequentially Aggravated Crime is structurally identical to the Simple Combination Form which is applied to Article 40, In terms of extent of punishment, why is both of them different? This is because the gradation in the illegality is very different. That is to say, The Principle of Responsibility is a major premise in the criminal law system; “The extent of responsibility depends on the extent of illegality, The extent of punishment depends on the extent of responsibility”. Being compared with it`s illegality, The extent of their punishments is too heavy in criminal law. That is to say, In current criminal law, Not only the basis of aggravated punishment but also the extent of aggravated punishment should we consider. In examining our regulations of Consequentially Aggravated Crime, In terms of the sentence, we can notice that the regulations of Consequentially Aggravated Crime are much heavier than those of the Simple Combination Form (a deliberate offense and a criminal negligence) or even the deliberate offense of heavy effects (death or injury). Appropriate reduction of sentences are certainly needed. With the proper revisions, The regulations of Consequentially Aggravated Crime can correspond to the principle of responsibility. To revise the regulations of Consequentially Aggravated Crime properly, first of all, according to it`s illegality, we have to reduce the sentence of Consequentially Aggravated Crime. Also systematize An attempted crime of Consequentially Aggravated Crime. and by the extent of violence, we should consider establishment of the provisions in Consequentially Aggravated Crime