2012년도 형법판례 회고

Abstract

In the year of 2012, 259 criminal cases decided by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court. 4 cases of which are decided by the Grand Panel. In this paper, 20 cases of the 259 cases are reviewed which, I think, are comparatively imporant. 7 cases are conceruing the general provisions of Korean Criminal Law. The other 13 cases are concering the pariticular provisions of Korean Cirminal Law. All the reviews are constituted of 1. The Fact of the Case, 2. The Summary of Decision and 3. The Critical Note. The contents of this paper is as follows; I. Introduction II. The KSC's Judgements concerning the General Provisions of Criminal Law In this chapter, 7 cases are selected and reviewed. The related subjects of the cases are such as the periodical application scope of the criminal law, the problem of cause and effect, the unpunishable crimeaccompanying act, the numbers of crimes and the legal nature of electric monitoring. III. The KSC's Judgements concerning the Particular Provisons of Criminal Law In this chapter, 13 cases are selected and reviewed. The related subjects of the cases are such as the crime of threatening, the crime of indecent assault, the crime of defamation, the crime of fraud, the crime of erpressung, the crime of embezzlement, the crime of malpractice, the crime of evasion of compulsory execution, the crime of using explosive, the crime of revealing public secrets and the crime of promising bribery.