2011년 형법 중요 판례

초록

In the year of 2011, 232 criminal cases by the Korean Supreme Court(KSC) are registered on the homepage of the court. 5 cases of which are decided by the Grand Panel. 4 cases of which are reviewed in this paper. All the reviews are constituted 1. Fact, 2. Summary of Decision and 3. Critical Note. The contents of this paper is as follows; I. Introduction II. The Grand Panel of KSC’s Judgement 2011. 1. 20.2008Do10479. In this case, the criminal resposibility of the double selling of the movable assets is disputed. On the contrary to the double selling of the unmovable assests, the court decided that the accused is not guilty of Untreu(the breach of duty). III. The Grand Panel of KSC’s Judgement 2011. 3. 17 2006DO8839 In this case, the criminal responsibility of the jouralist’s exposure of the illegally obtained recording by the Korean CIA is disputed. The court decided that the act of accused is illegal. IV. The Grand Panel of KSC’s Judgement 2011. 3. 17 2007DO482 In this case, the criminal responsibility of the strike is disputed. KSC has changed it’s former position and decided that the strike in the limited situation could be guilty. V. The Grand Panel of KSC’s Judgement 2011. 6. 23 2008DO7562In this case, the validity of the criminal provision is debated, which the Korean Constuitutional Court has decided not in accord with the constitutional law, even if, not unconstitutional. KSC decided that the criminal provision is retroactively unvalid.

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