2009년 형법 중요 판례

초록

In this paper are reviewed 3 criminal cases which are sentenced by the panel of all the judges of Korean Supreme Court. The first case is Supreme Court 2009. 4. 16, 2007 Do 6703 Judgement by the panel of all the judges, the issue of which is the legal character of the crime of farmland misuse in the Agricultural Land Act. The majority opinion asserts that there are two types of farmland misuse. The one is the misuse which makes farmland irrevisible to original state and the other is the misues by which the farmland is revisible. The majority opinion says that the former is the crime in which the cirminal act ends at the time of the end of the farmland misusing act, but the latter is the crime in which the criminal act is continuing by the return to the original state. In my opinion, the crime of farmland misuse is the crime in which the criminal act is continuing by the return to the original state regardless of the type of misuse. The second case is Supreme Court 2009. 5. 29, 2007 Do 4949 Judgement by the panel of all the judges, which is about the criminal responsibility of the members of board of directors of the corporation, when they collect the new stocks by ridiculously cheap price. The majority opinion is as follows; If the collection is made among the existing stockholders, they don't have to bear the criminal resposibility. If the collection, however, is made out of existing stockholders, they must bear the criminal responsibility. The dissenting opinion says that they must bear the criminal responsibility regrardless of the type of collection. The dissenting opinion is more persuasive. The third case is Supreme Court 2009. 11. 19, 2009 Do 4166. The issue of this case is that the public service can be protected by the provision that protect the civil business or not. The majority opinion takes negative position, because there are many other provisions in Korean Criminal Law which protect the public services in various ways. I think the majority opinion is more persuasive than the dissenting opinion.

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