친족상도례의 적용대상에 관한 문제점 및 입법론

Abstract

The subjects to apply larceny committed against one's relatives have the following problems. Firstly, breaking and entering isn't the subject to apply larceny committed against one's relatives but larceny committed by trespassing into dwelling at night and special larceny are the subjects to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter aren't always punished. Secondly, larceny committed by trespassing into dwelling in the daytime isn't the subject to apply larceny committed against one's relatives but larceny committed by trespassing into dwelling at night is the subject to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter isn't always punished. Thirdly, malicious mischief isn't the subject to apply larceny committed against one's relatives but special larceny is the subject to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter isn't always punished. Fourthly, malicious mischief isn't the subject to apply larceny committed against one's relatives but malicious mischief committed after larceny is the subject to apply larceny committed against one's relatives. Because of these circumstances, when those crimes are committed against one's relatives, the former is punished and the latter isn't always punished. In order to solve these problems, the following methods can be present. Firstly, larceny committed by trespassing into dwelling at night and special larceny should be excluded from the subjects to apply larceny committed against one's relatives. Secondly, malicious mischief should be included in the subjects to apply larceny committed against one's relatives.