2018년도 형법판례 회고

Abstract

In the year of 2018, 150 criminal cases by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court (https://glaw.scourt.go.kr/wsjo/intesrch/sjo022.do#//). 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. Most of the reviews are constituted as follows: 1. The Fact of the Case, 2. The Summary of Decision and 3. The Note. But in some reviews the fact of the case are omitted. The contents of this paper is as follows; Ⅰ. Introduction Ⅱ. The Cases of the Grand Panel of the Korean Supreme Court In this chapter, 4 cases of the Grand Panel are reviewed. The subjects of the cases are ‘the double selling of the real estate and the breach of trust’, ‘the embezzlement in the voice phishing crime’, ‘the reasonable interpretation of the concept of internet site system’, ‘the criminal liability of the conscientious objector’. Ⅲ. The Cases relating to General Part of Criminal Law In this chapter, 4 cases are reviewed. The subjects of all cases are related to how to interpret the criminal provisions reasonably observing the strict interpretation principle of the criminal law. Ⅳ. The Cases relating to Special Part of Criminal Law 7 Cases are reviewed in this Chapter. The crimes which are the subjects of the reviews are the abandonment, the indecent assault, the libel and slander, the fraud, the breach of trust and etc.