개인적 법익에 관한 범죄의 법정형의 문제점 및 개정방향

Abstract

There are many problems which are that the punishment's quantity is disproportionate to the crime, the standard to determine the statutory penalty's quantity isn't clear without a certain system and many provisions are inconsistent with criminal code's system in the statutory penalty of the crime on the criminal code's individual benefit. For example, the provision which bodily injury against a lineal ascendant, abandonment of an ascendant and false arrest, and imprisonment of a lineal ascendant are treated equally isn't right. The provision which rape resulting in death/bodily injury and forcible indecency resulting in death․bodily injury are treated equally isn't right. The provision which bodily injury on the occasion of robbery and robbery resulting in bodily injury are treated equally isn't right. These provisions should be amended.