입법형태에 따른 결과적 가중범의 미수 인정여부

Abstract

‘Erfolgsqualifizierte Delikte’ is a crime type that includes many dispute issues by starting from criticism that is against the principle of responsibility. Especially, as the Criminal Law is revised in 1995, the hostage-killing crime and robber-killing crime are being included as crimes of punishment of an attempted criminal. Therefore opinions are being sharply opposed in terms of an ‘Versuch des erfolgsqualifizierten Delikte’. In case of the regulations of the Korean Criminal Law on Erfolgsqualifizierte Delikte, its legislative form is not unificative. Because of this cause, the analysis on whether an ‘Versuch des erfolgsqualifizierten Delikte’ can be arraigned is very various. In the situation like this, this thesis first examined the disputes that are being carried out in terms of an ‘Versuch des erfolgsqualifizierten Delikte’ according to the legislative forms. Next, this thesis has examined whether the ‘Versuch des erfolgsqualifizierten Delikte’ according to the analysis theory of the current regulations of the Criminal Law can be arraigned. According to this study result, although there are regulations(Article 337 Bodily Injury resulting from Robbery crime, Article 338 of Muder, etc. by Robbery crime, Article 324-3 Injury by Hostage crime of the Criminal Law) which punish an ‘Versuch des erfolgsqualifizierten Delikte’ in the current Criminal Law, it was clarified that an ‘Versuch des erfolgsqualifizierten Delikte’ cannot be come into existence in an interpretative aspect. Bodily Injury by Inundation of Present Living Building with Water(Article 177 paragragh 2), however, can be the possible interpretation. In conclusion, there is a necessity that the regulations on Erfolgsqualifizierte Delikte are uniformly organized legislatively to solve interpretative disputes.