2013년도 형법판례 회고

Abstract

In the year of 2013, 171 criminal cases decided by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court. 3 cases of which are decided by the Grand Panel. In this paper, 13 cases of the 171 cases are reviewed which, I think, are comparatively imporant. 4 cases are concerning the general provisions of Korean Criminal Law. The other 6 cases are concening the pariticular provisions of Korean Criminal Law. All the reviews are constituted of 1. The Fact of the Case, 2. The Summary of Decision and 3. The Note. The contents of this paper is as follows; I. Introduction II. The Grnad Panel of the KSC's Judgements In this chapter, 3cases of the Grand Panel in KSC are reviewed. III. The KSC's Judgements concerning the General Provisions of Criminal Law In this chapter, 4 cases are selected and reviewed. The related subjects of the cases are such as the periodical application scope of the criminal law, the nature of the crime of indecent assault , the retroactive effect of electric monitoring. IV. The KSC's Judgements concerning the Particular Provisons of Criminal Law In this chapter, 6 cases are selected and reviewed. The related subjects of the cases are such as the crime of illegal shooting of the human body, the legal nature of the crime of indecent assault, the crime of defamation in the Military Criminal Act, the computation of the amount of the damages in the crime of malpractice.