재물손괴에 있어 친족상도례 적용배제의 불합리성과 그 대안

Abstract

Special Exception to Relatives implies that it applies to special treatments to be able to remit a punishment, file a suit, and so on, considering relatives’ identity in case of property crimes between them under the Criminal Act. However, it is contradict that the destruction and damage of property, a misdemeanor, is only punished because it excludes the application of special exception to relatives and the destruction and damage of property with committing felonies such as robbery,extortion, fraud, etc becomes an unpunishable expost facto act which at the same time, applies to special exception to relatives not punished. Therefore, the destruction and damage of property considering equity of other property crimes shall apply to special exception to relatives Crimes infringing one’s body and freedom under the Criminal Act also regulate a charge dropping by victim's consent and crime attaching to victim's charge which accept the limit of the state’s punitive right by means of a victim’s intent, whereas the destruction and damage of another’s property, a misdemeanor, is punished because it does not apply to a crime attaching to victim's charge and charge dropping by victim's consent. Consequently, the destruction and damage of property between no relatives shall apply to a crime attaching to victim's charge and charge dropping by victim's consent, one of which is a crime attaching to victim's charge to apply to it because it is historically a fundamental no criminal act, but currently a criminal act. Originally, it is rational and appropriate for all of the criminal law systems that the destruction and damage of property shall apply to a crime attaching to victim's charge other than a charge dropping by victim's consent when regulated a no criminal act into a criminal act. The charge dropping by victim's consent has priority over a crime attaching to victim's charge with respect to the starting time of the state’s punitive right so that the scope of the self-regulating resolution is close enough between victim and perpetrator. In conclusion, the destruction and damage of property shall be enacted in order to apply to special exception to relatives as another’s property crime to balance equity and fairness with other property crimes and it is natural that the destruction and damage of property which is not related with relatives shall apply to a crime attaching to victim's charge for all of the criminal law system.