2012년 형법 중요 판례

초록

In the year of 2012, 181 criminal cases by the Korean Supreme Court(KSC) are registeredon the homepage of the court. 4 cases of which are decided by the Grand Panel. 2 cases of which arereviewed in this paper. In addition, the one decision of Korean Consitutional Court(KCC) is reviewed. All the reviews are constituted 1. Fact, 2. Summary of Decision and 3. Critical Note. The contents of this paper is as follows;Ⅰ. IntroductionⅡ. The Grand Panel of KSC’s Judgement and the Decision of KCC. 1. The Grand Panel of KSC’s Judgement 2012. 3. 22., 2011Do15057 In this case, the requirements of electric monitoring are disputed. 2. The Grand Panel of KSC’s Judgement 2012. 4. 19., 2010Do6388 In this case is disputed, whether the teachers’ announcement constitutes the crime ofcollective action, which is prohibited by the State Official Act. 3. The KCC’s Decision 2012. 12. 27., 2010Hunga82 In this case is disputed whether the provision, which permits the retroactive effect of theelectric monitering order, is unconstitutional or not. Ⅲ. The KSC’s Judgement concerning the General Provisions of Criminal LawIn this chapter, 3 cases are selected and reviewed. IV. The KSC’s Judgement concerning the Particular Provisons of Criminal LawIn this chapter, 6 cases are selected and reviewed.

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