결합범의 인정범위와 법정형 설정방안 - 강도죄와 강간죄에서의 결합범을 중심으로 -

초록

There are many combined crimes in korean cirminal code. A combined crime means the type of crime in which more than two individual crimes are combined, such as a crime of rape combined with injury or a crime of robbery resulting in the death of victim. The characteristic of the combined crimes in korean criminal code is the hard punishment. For example, the punishment for the robbery is a custody of not less than 3 years and that of a negligent injury is a monetary penalty of not more than 5million won. But the punishment for the crime of robbery combined with negligent injury is a custiodial sentence for life or a custodial sentence of not less than 7 years. The punishment of combine crime is far higher than the total punishments of individual crimes. But this is a very serious problem from the point of the freedom guaranteeing mission of criminal law. The purpose of this paper is to limit the scope and the punishment of combined crimes in korean criminal code. The contents of this paper is as follow : I Introduction II. For the Abolition of Combined Crimes such as a Crime of Rape and a Crime of Robbery Which Result in Injury. 1. The Distinction between Assault and Injury in Korean Criminal Code 2. The Problems 3. Some Solutions III. The Problem of the Subjects of Combined Crimes and the Attempt Type of Combined Crimes 1. The Problems 2. The Subjects of Combined Crimes 3. The Attempt Type of Combined Crimes IV. The Problems of the Objects of Combined Crimes 1. The Prolbems 2. Some Solutions V. Schuldprinzip and the Problem of Aggravating Punishments 1. Schuldprinzip in Aggravating Punishments 2. A Comparative Study 3. The Analysis of the Level of Punishment sentenced by the Court 4. Some Solutions V. Conclusion.

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