죄형법정주의; 유추해석; 사기죄; 상해; 통신매체이용음란행위; a poena sine lege; analogical interpretation; fraud; injury in sexual violence; Obscene Acts by Using Means of Communication
형사판례연구, v. 26, page. 557-588
In the year of 2017, 110 criminal cases by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court. 5 criminal law cases of which are decided by the Grand Panel. In this paper, above 5 cases and other several cases are reviewed which seem to be comparatively important to the author. All the reviews are constituted as follows: 1. The Fact of the Case, 2. The Summary of Decision and 3. The Note.The contents of this paper is as follows; Ⅰ. IntroductionⅡ. The Cases of the Grand Panel of the Korean Supreme Court In this chapter, 5 cases of the Grand Panel are reviewed. The subjects of the cases are mainly related with the principle of ‘a poena sine lege’. For example, the prohibition of analogical interpretation and the prohibition of wide delegation of the punishment to the lower regulation are commented.Ⅲ. The Cases relating to General Part of Criminal Law In this chapter, 3 cases are reviewed. The subjects of the cases are the temporal effect of the punishment, Verbotsirrtum and the number concerned with the crime of forcible obstruction of business.Ⅳ. The Cases relating to Special Part of Criminal Law 6 Cases are reviewed in this Chapter. The subjects are the calculation of punishment, the concept of injury in sexual violence crimes and etc.