2022년도 형법판례 회고

Abstract

Ⅰ. Introduction In 2022, a total of 226 criminal cases were sentenced by the Korean Supreme Court. These cases refer to the data registered on the court website.1) Among them, 7 criminal cases of which are decided by the Grand Panel, were included. In this article, 6 cases by the Grand Panel and other several cases that is remanded after reversal are reviewed. The review of cases is as follows: 1. The Fact of Case, 2. The Reason for Judgment, 3. The Review. Ⅱ. The Cases of the Grand Panel of the Korean Supreme Court In this chapter, 6 cases of the Grand Panel are reviewed. The subjects of the cases are ‘whether the transferor of the creditor is subject to the crime of embezzlement’, ‘the concept of indecent act and the scope of component analysis’, ‘entry into public places and the purpose of the crime’, ‘Article 1, Paragraph 2 of the Criminal Act and the motive theory’, ‘oriental medicine doctor’ Use of ultrasonic diagnostic equipment and licensed medical practice’ and ‘whether the debtor under the transfer security contract is the subject of the breach of trust’. Ⅲ. The Cases related to the General Part of Criminal Law In this chapter, 3 cases are reviewed. The subject is related with ‘Timing of Execution in House Trespassing’, ‘Criminal legalism and legal interpretation,’ and ‘accomplices without principal offenders and identity offender’. Ⅳ. The Cases related to the Special Part of Criminal Law In this chapter, 6 cases are reviewed. The subject is related with ‘Scope of office authority and meaning of abuse’, ‘Collection of data through crawling and violation of information and communication networks’, ‘The meaning of storage in the embezzlement’, ‘Forced indecent assault after breaking into a house and responsibility’, ‘The Concept of Leakage and Whistleblowing’, ect.