준강도의 불법구조와 실행의 착수시기

Abstract

We try to analize the unlawful system and the unlawful degree between the associate robbery and robbery. Therefore we have a conclusion that the unlawful system between the associate robbery and robbery is different, but the unlawful amount is same. And the associate robbery as a purpose crime has a unique character in comparison with another purpose crimes. Based on the analysis, To set the standard of the consummation of the associate robbery We must consider not only the unlawful system but also the unlawful degree. And we must consider the operation time of the associate robbery. And the operation time of the associate robbery is the time committing violence or threat. Therefore first the standard of the consummation of the associate robbery needs the committing violence or threat. And the associate robbery is also the crime about property. therefore the standard of the consummation of the associate robbery needs the accomplishment of the steal. Finally we support the mixed theory regarding the standard of the consummation of the associate robbery. Consequently 'leading case-1' has no propriety, but 'leading case-2' is reasonable.