성경에 나타난 ‘죄와 벌’ 개념에 대한 형법학적 이해

Abstract

In this paper, I researched christian viewpoint on "Crime and Punishment" and compared it with legal viewpoint in criminal jurisprudence, for the purpose of sublating the dichotomy of the holy God's law and secular earthly law. According to this research, christian viewpoint on "Crime" has peculiarities as followings. First, mental or inner world's malice, greed, and licentiousness are all considered as sin according to the Bible. In criminal law, however, crime is only punishable when it is expressed. Second, the Bible places a great deal of weight on idolatry. To worship idols is the betrayal of God as well as the violation of the first and the second Commandment. The criminal codes do not contain such type of rule. Third, the Bible says the original sin is inherited from Adam to mankinds. The criminal laws, based on one's own responsibility principle, do not punish one due to others crime. Forth, unlike the criminal law, the Bible provides moral rule as if the fifth commandment. A common point of sins on bible and crimes on law is the violation of rules. The former means the violation of God's rules, and the latter, the violation of human rules. The differences between the two is depended on whether the law regulate inner side or not. So, the relationship between the two is not totally different one, but reciprocal complement.