청소년 절도 비행의 동기와 불법영득의사 추정에 대한 형법적 고찰 – 수사단계 적용 기준의 타당성을 중심으로

The purpose of this study is to analyze the motives of juvenile theft delinquents and to identify problems in presuming intention of illegal acquisition, which is a necessary element for establishing the juvenile theft, during the investigative procedures, and to seek ways to improve it. Previous studies have shown that the motivations for juvenile theft are due to personal factors such as curiosity and the pursuit of fun, as well as social factors such as peer group influence and maladjustment to school life. Analysis of the National Police Agency's crime statistics showed that the motives for juvenile thieves' crimes was consistent with previous studies. In our criminal law, the crime of theft requires intention of illegal acquisition which requires ‘obtaining’ something that goes beyond simple theft and amounts to an infringement on ownership rights, according to both the majority opinion and case law. Under this system, in the case of juveniles, charging them with theft solely based on the act of stealing at the investigative stage has the problem of being an unreasonable application of criminal law in light of the motive for the crime. Accordingly, discussion and reexamination are necessary in applying the crime of theft to juvenile delinquency, and the direction of improvement is to be suggested, such as appropriate legislation and appropriate criminal prosecution.