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KCI 후보
공법 : 2010년 형법총칙개정법률안의 주요내용과 문제점
The 2010 Revised Draft of the General Provisions in Korean Criminal Act: Its` Main Contents, Problems and Alternatives
오영근 ( Young Keun Oh )
법학논총 28권 2호 5-25(21pages)
UCI I410-ECN-0102-2012-350-002431958

The purpose of this paper is to introduces the main contents of The 2010 Revised Draft of the General Provisions in Korean Criminal Act(the Draft 2010), to point out some problems of the Draft and to suggest some reasonable alternatives. The Contents of this paper is as follows: Ⅰ. Introduction Ⅱ. The Main Contents of the Draft 2010 1. The New Provision of nulla poena sine lege 2. The New Provision of the Cosmopolitanism 3. The Revision of the Elements of Crime and the Exemption or the Mitigation of Punishment 4. The Revision of the Co-Principals 5. The Abolition of Aggravating Punishment of the Repeated Crime 6. The Adjustment of the Kind of the Punishments 7. The Introduction of the Protective Confinement into Korean Criminal Act Ⅲ. The Problems of the Draft 2010 and the Alternatives 1. General Evaluation of the Draft 2010 2. The Problems of §2(The Timely Limit of Application) and the Alternatives 3. The Problems of §22 paragraph 3(actio libera in causa) and the Alternatives 4. The Problems of §32(Co-Principals) and the Alternatives 5. The Problems of §41(Term of Imprisonment) and the Alternatives 6. The Problems of §49(Discretionary Mitigation) and the Alternatives 7. The Problems of Protective Confinement and the Alernatives Ⅳ. Conclusion

[자료제공 : 네이버학술정보]
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