2019년도 형법판례 회고

Abstract

In the year of 2019, 109 criminal cases by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court (https://glaw.scourt.go.kr/wsjo/panre/sjo060.do#1548648740496). 4 criminal law cases of which are decided by the Grand Panel. In this paper, above 4 cases and other several cases are reviewed which seem to be comparatively important to the author. All the reviews are constituted as follows : 1. The Fact of the Case, 2. The Summary of Decision and 3. The Note. The contents of this paper is as follows; I. Introduction II.-V. The Cases by the Grand Panel of the Korean Supreme Court In these chapters, 4 cases of the Grand Panel are reviewed. The subjects of the cases are ‘the distinction between bribery and blackmail’ (Ⅱ), ‘the sentencing of the multiple crimes, some of which are partly charged’(Ⅲ), ‘the criminal character of the request by the highest-ranking officials’(Ⅳ) and ‘the untauglich Versuch of quasi-rape’(V). Ⅵ-XI. The Cases relating to the Interpretation of Individual Crimes In this chapter, 6 cases are reviewed. The subjects of the cases are ‘the concept of the loan in the Loan Act’, ‘the problems of the insurance fraud’, ‘the breach of the Medical Act and the insurance fraud’, ‘the concept of obscene in text messages’, ‘not-reporting of the changed mobile phone number by the sexual criminals’, and ‘untauglich Versuch of the import of methamphetamine’.