2010년 형법 중요 판례

초록

In the year of 2010, 286 criminal cases by the Korean Supreme Court(KSC) are registered on the homepage of that court. In this paper 9 cases of that court are reviewed. In addition, one constitutional case of the Korean Constitutional Court(KCC) is reviewed, which decides the unconstitionality of the criminal provision punishing the corporate by it’s employee’s criminal act. The contents of this paper is as follows ; I. Introduction II. The Criminal Cases of the Panel of All Judges of KSC In this chapter, 2 cases by the Panel of All Judges are reviewed. Every review is constituted as follows : (1)The fact of case, (2) The main point of judgement, (3) The comment. I. Introduction II. The Criminal Cases of the Panel of All Judges of KSC In this chapter, 2 cases by the Panel of All Judges are reviewed. Every review is constituted as follows : (1)The fact of case, (2) The main point of judgement, (3) The comment. 1. KSC Judgement, 2010. 1. 21., 2008Do942 This case is relating to the perjury of a witness without the notice of the right to refusing testimony. 2. KSC Judgement, 2010. 7. 23., 2010Do1189 This case is relating to the anti-nationality of the organization, the documents etc. in the National Security Act III. The Cases relating to the General Provisions of Korean Criminal Law In this chapter, following cases are reviewed. Every review is constituted as follows : (1)The fact of case, (2) The main point of judgement (3) The comment(But the fact of case is ommitted in several reviews). 1. KSC Judgement, 2010. 3. 11., 2009Do12930 2. KCC Decision, 2010. 7. 29., 2009Hunga25 3. KSC Judgement, 2010. 1. 14., 2009Do12109 4. KSC Judgement, 2010. 7. 15. 2010Do3544 IV. The Cases relating to the Individual Provisions of Korean Criminal Law In this chapter, following cases are reviewed. Every review is also constituted as follows :(1)The fact of case, (2) The main point of judgement (3) The comment(But the fact of case is ommitted in several reviews). 1. KSC Judgement, 2010. 2. 25., 2009Do5064 2. KSC Judgement, 2010. 3. 11. 2009Do5008 3. KSC Judgement, 2010. 4. 29. 2010Do1920 4. KSC Judgement, 2010. 6. 24. 2009Do9242

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