개괄적 고의 사례의 해결방법

A very complex discussion has been going on about dolus generalis, starting with the concept. Eventually, there are conflicting views on what the position is on the representative precedent issue. The reason why the current majority theory, mistake of causation theory, does not admit the attempted murder seems to be because it is clear that there was an intention to kill in the first place and that the object of the attack died anyway in the course of the causal process. Recognizing even this case as an attempt is excessively formal logic and leads to unacceptable results in terms of the feelings of law. The second act is regarded as a mere motion without independence as an act under the criminal law, and it is a case where the first motion and the second motion cannot be evaluated as one act under the criminal law from the standpoint of the standard theory of social and criminal law. It is difficult to see that affirming the independence of the second act is reviving the theory of cessation of causation. In the end, the dolus generalis case is a case where the second act was not planned from the beginning, and when a serious result was caused by the second act, the identity of the second act was recognized, and the second act was evaluated as negligence for the first act. An evaluation of the intentionality of the act will also have to be made. In this case, it is necessary to discuss the feasibility of the evaluation of the second act, the abandonment or concealment of a corpse for criminal concealment, and the destruction of evidence, not only in the case of the principal offender but also in the case of an accomplice. In this case, it is necessary to examine whether an impossibility exists based on the perception of the actor at the time of the second act is established.