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방조범의 인과관계

Causality of accomplice

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In the past, Supreme Court precedents did not explicitly mention the causal of accomplice. The majority opinion of academia judged that the Supreme Court was in a position of unnecessary theory in relation to the causal of accomplice. Therefore, academia pointed out the problem of the Supreme Court, which easily recognizes aiding abetter if only aiding act is recognized. In other words, it was argued that caution should be exercised in establishing an accomplice by clearly distinguishing the causal between an facilitating behaviour. The Supreme Court explicitly stated that a causal between the accomplice is necessary in response to the academic criticism. Now, the remaining task of the Supreme Court is to create detailed requirements for acknowledging an facilitating behaviour in relation to the establishment of an accomplice. By continuing to provide specific criteria for acknowledging the causal of accomplice aggressors, it is to prevent human rights violations from being recognized too easily.

Abstract

In the past, Supreme Court precedents did not explicitly mention the causal of accomplice. The majority opinion of academia judged that the Supreme Court was in a position of unnecessary theory in relation to the causal of accomplice. Therefore, academia pointed out the problem of the Supreme Court, which easily recognizes aiding abetter if only aiding act is recognized. In other words, it was argued that caution should be exercised in establishing an accomplice by clearly distinguishing the causal between an facilitating behaviour. The Supreme Court explicitly stated that a causal between the accomplice is necessary in response to the academic criticism. Now, the remaining task of the Supreme Court is to create detailed requirements for acknowledging an facilitating behaviour in relation to the establishment of an accomplice. By continuing to provide specific criteria for acknowledging the causal of accomplice aggressors, it is to prevent human rights violations from being recognized too easily.

참고문헌 (12)

  1. 김일수, "새로 쓴 형법총론" (2004), 박영사
  2. 김성돈, "형법총론" (2020), SSKUP
  3. 배종대, "형법총론" (2004), 홍문사
  4. 이재상, "형법총론" (2019), 박영사
  5. 김성돈, "형법각론" (2020), SKKUP
  6. 오영근, "형법각론" (2005), 박영사
  7. 임웅, "형법각론", pp.130~ (2005), 법문사
  8. 김성천, "형법총론", pp.550~ (2005), 동현출판사
  9. 김봉수, "방조에서의『결과』개념과 인과관계 판단- 공범의 처벌근거를 통한 방조의 결과개념 도출", 형사법연구, 20(2), pp.23~48 (2008), 한국형사법학회[DOI]
  10. 이용식, "무형적 ․ 정신적 방조행위의 인과관계", 형사판례연구, 9 (2001), 한국형사판례연구회
  11. 조기영, "정신적 방조와 방조범의 인과관계", 형사법연구, 26(3), pp.61~91 (2014), 한국형사법학회[DOI]
  12. 홍승희, "인터넷링크행위와 저작권침해 - 대법원 2015.3.12. 선고 2012도13748 판결 -", 형사판례연구, 24, pp.587~611 (2016), 한국형사판례연구회[DOI]

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