2022년 형법 중요판례평석

In this paper, important judgments in the criminal law field among the judgments of the Supreme Court and the Constitutional Court in 2022 were analyzed and reviewed. First of all, the Constitutional Court’s decision that the provisions of the Road Traffic Act, which aggravated punishment for drunk drivers more than twice, violate the Constitution was introduced in terms of the principle of proportionality between responsibility and punishment. In addition, the Supreme Court ruling, which clarified the scope of application of the Supreme Court precedent on the two-sided criminality, was analyzed. In the fields of special part of criminal law, there were many judgments on the crime of housebreaking. These are the follow-up rulings of the 2021 Supreme Court’s ruling that the “invasion” of the crime of housebreaking should be judged based on whether the actual tranquility of the residence was violated in light of the behavior revealed objectively and outwardly at the time of entry. And the judgment was reviewed, that denied the establishment of embezzlement by the creditor who arbitrarily consumed the money received from the debtor after the transfer of the bond according to the Supreme Court’s precedent, which has denied the establishment of breach of trust or embezzlement in ordinary contractual relationships, Finally, the decision was introduced and analyzed, that interprets the scope of application of molestation in the Military Criminal Act in a limited way. This ruling means that it took a step forward compared to the previous Constitutional Court's decision, but it was a regrettable ruling in that it still showed the limitation of perception of sexual minorities in the military.