2025년 형법 중요판례평석

Among the 2025 Supreme Court rulings, there were not many rulings in the criminal law field that dealt with important or new issues. One was a judgment on whether or not the consequential aggravated offender was attempted, and the other was a judgment on the Public Official Election Act. In addition, the rulings introduced in this article include rulings on joint offenders of conspiracy and negligence, which have also been dealt with a lot in existing precedents. Judgment that can be said to have dealt with new issues includes a ruling on the change of the order of execution of the sentence and a ruling on whether the period of probation under the judgment subject to retrial can be included in the period of probation sentenced in the retrial judgment. In addition, in the field of Specific Rules and special criminal law, there were rulings on the object of deception in the crime of fraud and on the crime of sexual harassment in the military criminal law. As a result, it is positively evaluated that the maintenance of the legal principles of precedents for attempted aggravated offenders and changes in the judgment of joint offenders of negligence. However, despite many contradictions in precedents of conspiracy joint offenders, the concept and scope of application are expanding, raising concerns. In rulings on the change of the order of execution and the period of probation sentenced in the retrial judgmentIt, it is evaluated that the judgment of the lower court is closer to the essence of the issue than the judgment of the Supreme Court. The judgment that fraud does not constitute fraud because it did not deceive people in the crime of fraud is welcome in the conclusion, but it is regrettable that the consistency of logic is not maintained. The judgment of the lower court on the crime of sexual harassment under the Military Criminal Law tried to reflect the changed reality, but the Supreme Court is evaluated to have maintained rigid consistency.