형법각칙의 합동범 개념 폐지에 관한 시론

Abstract

This paper is designed to discuss on whether it is acceptable to recognize the concept of collaboration crime, which is a special kind of crimes made by multiple persons from the skeptical viewpoint. For this objective, it is necessary to find out the essence of the collaboration crime and then sort out the crimes which belong to the concept of collaboration crime from others. This is very important as it is not only the issues related to the ground for recognizing the collaboration crime but also is connected with the legal effect of the collaboration crime. There shall be the objective standard by which the crime falling on the concept of collaboration crime is differentiated from other crimes. If there is no clear standard for distinguishing the crime, the recognition of the existence of the collaboration crime would not be accepted. On the other hand, the force crimes such as crime of inhibition of special public task, crime of special violence or crime of special arrest and violence are not called as collaboration crime but as the crime "showing the force of group or multiple people". Accordingly, the collaboration crime and the special crimes are all called as the multiple crime and get higher punishment depending on the criminal policy. So, there shall be some grounds for differentiating the former from the latter in the system of laws. Based on the problem, this study would check how the collaboration crime or force crime is defined for the crime which a lot of people participate in and study why the crime of collaboration crime is severely punished in relation to the essence of the collaboration crime. Also, the study will check its relation with crime of taking the deadly weapon, force crime or the provision of Article 2, Paragraph 2 of Act on the punishment of violent behavior. Then, the study would be made on the precedents of collaboration crime for the decision on whether the concept of the collaboration crime is required as well as the validity of recognizing the collaboration for specific crime, and the principle of proportionality between accomplice and collaboration crime, thus ultimately making a conclusion on the repeal of the concept of collaboration crime in each law.