PART 01 Introduction

CHAPTER 01 Basic Concepts of Criminal Law 14
SECTION (1) Significance of Criminal Law 14
Ⅰ Concept 14
Ⅱ Criminal law in its formal meaning
Criminal Law 14 in its substantive meaning
SECTION (2) Status and Character of Criminal Law 15
Ⅰ Status of Criminal Law in the Legal System 15
Ⅱ Normative Nature of Criminal Law 15
SECTION (3) FUNCTIONS OF CRIMINAL LAW 16
Ⅰ Regulatory Function 16
Ⅱ Protective function 16
Ⅲ Guaranteed Function 16
SECTION (4) Principle of Subsidiarity in Criminal Law 17

CHAPTER 02 Criminal and Punishment Theories According to Criminal Law Schools 18
SECTION (1) Classical School (Old School) and Modern School (New School) 18
SECTION (2) Criminal Theory 20
SECTION (3) PENALTY THEORY 21
Ⅰ Absolute Punishment Theory (Retributive Theory) 21
Ⅱ Relative Theory of Punishment (Purpose-Based Punishment) 21
Ⅲ Theory of Conjunction (Unified Theory of Punishment) 23

CHAPTER 03 Principle of Legality 24
SECTION (1) The significance and legal basis of the principle of legality 24
Ⅰ Meaning 24
Ⅱ Legal Basis 24
SECTION (2) History and Ideological Background of the Principle of Legality 25
SECTION (3) Contents of the Principle of Legality 26
Ⅰ Prohibition of customary criminal law
(Legalism, written law) 26
Ⅱ Principle of Clarity 30
Ⅲ Principle of Prohibition of Retroactive Effect 38
Ⅳ Principle of Prohibition of Analogical Interpretation 44
V. Principle of Appropriateness 77

CHAPTER 04 Scope of Application of Criminal Law 82
SECTION (1) TEMPORAL APPLICATION 82
Ⅰ Principle of Act-Time Principle 82
Ⅱ Exception to the Principle of Actual Time: The Principle of Trial Time 83
Ⅲ Limited Time Law and the Effect of Responsibility 89
Ⅳ Blank Paper Law 89
SECTION (2) Scope of application 90
Ⅰ Territorialism 91
II. Theory of Deception 93
Ⅲ Nationalism 94
Ⅳ Protectionism (Realism: National Protectionism) 94
V Globalism 96
Ⅵ Exemption from execution of sentences received abroad 97
Ⅶ Our Criminal Law's Attitude 98
SECTION (3) PERSONAL APPLICATION 98
I Principle 98
Ⅱ Exception 98
Ⅱ Requirements for Establishing Self-Defense 177
Ⅲ Restrictions on the right to self-defense
(Social and ethical limitations on self-defense) 181
Ⅳ Excessive Defense 182
V. Prerequisite facts (conditions) for the exclusion of illegality
Mistakes regarding the permissible elements (mistakes regarding the permissible elements) 183
Ⅵ Excessive Defense of the Five Elements 183
SECTION (3) EMERGENCY EVACUATION 190
Ⅰ The Significance and Legal Nature of Emergency Evacuation 190
Ⅱ Requirements for Establishing Emergency Evacuation 191
Ⅲ Special Rules for Emergency Evacuation 193
Ⅳ Excessive Evacuation 194
V. Osang Evacuation 194
Ⅵ Conflict of Duties 194
SECTION (4) Self-rescue actions 200
Ⅰ The Significance and Legal Nature of Self-Rescue Acts 200
Ⅱ Establishment requirements 200
Ⅲ Excessive and Misleading Self-Rescue 203
SECTION (5) Victim's Consent 205
Ⅰ Introduction 205
Ⅱ Distinction between consent and understanding 205
Ⅲ Understanding 206
Ⅳ Victim's Consent 208
V Presumptive Consent 209
SECTION (6) Legitimate Acts 216
Ⅰ Meaning 216
Ⅱ Acts under the Law 216
Ⅲ Work-related actions 221
Ⅳ Other acts that do not violate social norms 223
V Social Norms and Social Significance 228

CHAPTER 04 Responsibility 242
SECTION (1) Liability Theory 243
Ⅰ The Meaning of Responsibility and the Principle of Accountability 243
Ⅱ Basis of Responsibility 243
III The Nature of Responsibility: Criminal System Theory and the Concept of Responsibility 245
SECTION (2) RESPONSIBILITY 248
Ⅰ The meaning and regulation of responsibility capacity 248
Ⅱ Persons with Incompetence 250
Ⅲ Persons with Limited Liability 253
IV Free Action in Cause 254
SECTION (3) RECOGNITION OF ILLEGALITY 259
Ⅰ Meaning 259
Ⅱ Forms of Recognition of Illegality 259
Ⅲ Systematic Status of Recognition of Illegality 260
SECTION (4) Prohibited Errors (Errors of Law, Errors of Illegality) 262
Ⅰ Meaning 262
Type II 263
Ⅲ Effect 265
Ⅳ Interpretation of Article 16 of the Criminal Act 265
SECTION (5) Reasons for exemption from liability (possibility of expectation) 274
Ⅰ The Meaning and Starting Point of Expectation Possibility Theory 274
Ⅱ Development of Expectancy Theory 274
Ⅲ. The possibility of expectation as a reason for exemption from extra-legal liability
Whether to see or not 275
Ⅳ Crime Types and Expected Probability 275
V Criteria for Judging Expected Possibility 275
Ⅵ Reasons for Exemption from Liability under Criminal Law 276
Ⅶ Other Problems 278

PART 03 Exceptional Criminal Morphology

CHAPTER 01 Attempted Criminal 288
SECTION (1) General Provisions on Attempted Crimes 288
Ⅰ Temporal Stages of Crime Completion 288
Ⅱ For each temporal stage of the crime
Criminal Law Treatment 288
III. Grounds for Punishment of Preliminary, Conspiracy, and Attempted Crimes 292
SECTION (2) Preliminaries and Conspiracies 292
Ⅰ Concept 292
Ⅱ Personality 293
Ⅲ Establishment Requirements 294
Ⅳ Punishment 295
V Related Issue 297
SECTION (3) Attempted Disability 300
Ⅰ Meaning 300
Ⅱ Establishment Requirements 301
Ⅲ Punishment 303
Ⅳ Special cases where the start of execution is problematic 303
SECTION (4) Attempted Suspension 312
Ⅰ Meaning 312
Ⅱ Basis for Lenient Punishment 313
Ⅲ Establishment Requirements 313
Ⅳ Punishment 316
V Related Issue 316
SECTION (5) Impossible Attempt 319
Ⅰ Meaning 319
Ⅱ Establishment Requirements 320
Ⅲ Punishment 322

CHAPTER 02: The Theory of Complicity 327
SECTION (1) General Theory of Accomplices 327
Ⅰ The Meaning of Accomplice 327
Ⅱ Types of crime involving multiple participants 328
Ⅲ Accomplice-like concept 330
Ⅳ Accomplice Theory 335
SECTION (2) Accomplice 346
Ⅰ Meaning 346
Ⅱ The Nature of Accomplices 347
Ⅲ Requirement 347
Ⅳ Punishment of Accomplices 360
V Related Issue 363
SECTION (3) Indirect Perpetrators 364
Ⅰ Meaning and Essence 364
Ⅱ Requirements for Establishing an Indirect Principal Offender 365
Ⅲ Punishment of Indirect Perpetrators 371
Ⅳ Related Issue 371
SECTION (4) Teacher's Offense 375
Ⅰ Meaning 375
Ⅱ Essence 375
Ⅲ Requirements for the Establishment of a Teacher's Crime 376
Ⅳ Punishment 379
V Related Issue 380
SECTION (5) ACCESSORIES 383
Ⅰ Meaning 383
Ⅱ Establishment Requirements 384
III Punishment 387
Ⅳ Related Issue 387
SECTION (6) Accomplices and Status 391
Ⅰ Basic Attitude toward Raising Issues and Penal Provisions 391
Ⅱ The Meaning and Types of Status 391
Ⅲ Interpretation of Article 33 of the Criminal Act 392
Ⅳ Related Issues - Passive Status and the Problem of Accomplices 394

CHAPTER 03 Criminals of Omission 404
Ⅰ Introduction 404
Ⅱ Types of Omissions 405
Ⅲ Requirements for Establishing a Crime of Omission 405
Ⅳ Punishment of Offenders of Negligence 409
V Related Issue 410

CHAPTER 04 Negligence 417
SECTION (1) General Theory of Negligence 417
Ⅰ The Concept of Negligence 417
Ⅱ Systematic Position of Fruit 418
Ⅲ Types of Fruit 418
SECTION (2) Requirements for Establishing a Negligence Crime 419
Ⅰ Element 419
II Illegality 423
Ⅲ Responsibility 424
Ⅳ Related Issue 424
SECTION (3) Resultant Aggravated Offense 436
Ⅰ Introduction 436
II Issue: Violation of the Principle of Accountability 436
Ⅲ True result weighting crime
Aggravated Crime of Negligence 437
Ⅳ Establishment requirements 438
V. Joint offender in aggravated crime 439
Ⅵ Attempted crime with consequential aggravation 439
Ⅶ Resultant Aggravated Crimes and Aiding and Abetting 440

PART 04 Prisoner Theory

CHAPTER 01 Prisoner Theory 446
SECTION (1) General Theory of Prisoners 446
Ⅰ The Significance of Prisoner Theory 446
Ⅱ Criteria for Determining Prisoners 446
SECTION (2) 449
Ⅰ Legal Competition 449
Ⅱ Comprehensive Crime 453
Ⅲ. Handling of Comprehensive Crimes 457
SECTION (3) Theory of Competitiveness 458
I Imaginary Competition 458
Ⅱ Conflicting Offender 464

PART 05 PENALTY

CHAPTER 01 The Meaning and Types of Punishment 480
SECTION (1) Meaning and Types of Punishment 480
Ⅰ The Meaning of Punishment 480
Ⅱ Types of Punishment (Article 41 of the Criminal Act) 480
SECTION (2) Death Penalty 480
Ⅰ Introduction 480
II The Abolition of the Death Penalty 481
SECTION (3) Freestyle 483
Ⅰ Meaning 483
Ⅱ Freedom of Sentence under Criminal Law 483
Ⅲ Proposed as an improvement measure for the free-form system
Comments 484
SECTION (4) Property Type 484
Ⅰ Meaning 484
Ⅱ Property Punishment under Criminal Law 484
SECTION (5) Honorary Type 497
Ⅰ Meaning 497
Type II 497
SECTION (6) Severity of the form 498
Type Ⅰ severity standard 498

CHAPTER 02 Sentence (Sentence of Sentence) 500
SECTION (1) Meaning 500
SECTION (2) 500 Stages of Type Yangjeong
Ⅰ Statutory form 500
Ⅱ Punishment Type 500
Ⅲ Sentence 500
SECTION (3) Weighting and Reduction of Punishment 501
Aggravating Factors of Type Ⅰ 501
Mitigating circumstances for Type II 501
Type III Addition and Deduction Example 503
SECTION (4) Sentencing 505
Ⅰ Meaning 505
Ⅱ Criteria for sentencing 505
Ⅲ Conditions of the form 507
SECTION (5) Exemption from penalty, etc. 507
Type Ⅰ Exemption 507
Ⅱ Total number of days of detention before sentencing: 507
Ⅲ Publication of the Judgment 508
Ⅳ Embroidery and Confession 509

CHAPTER 03 Repeat Offender 512
SECTION (1) GENERAL THEORY 512
Ⅰ Meaning and Nature 512
Ⅱ Repeated Offenders and the Principle of Responsibility 513
SECTION (2) Requirements for Repeat Offenders 514
Ⅰ Requirements regarding previous criminals 514
Ⅱ Requirements for subsequent offenders
-Crime equivalent to imprisonment or higher 515
Ⅲ After the execution of the sentence or exemption of the offender
515 crimes committed within 3 years
SECTION (3) Effects of Repeat Offenders, etc. 516
Ⅰ Punishment of Repeat Offenders 516
II. Legal Effects of Litigation 516
Ⅲ. Discovery of Repeat Offenders After Sentencing 516

CHAPTER 04 Suspended Sentences, Probation, and Parole 519
SECTION (1) Suspended Sentence 519
Ⅰ Meaning 519
Ⅱ Requirement 519
Ⅲ Probation Order 520
Ⅳ Effect 520
V. The Effectiveness of Suspended Sentence 521
SECTION (2) Suspended Sentence 523
Ⅰ Significance and Requirements 523
Ⅱ Effects, etc. 524
SECTION (3) PAROLE 529
Ⅰ Significance and Requirements 529
Ⅱ Effects, etc. 530

CHAPTER 05: Statute of Limitations and Extinction of Types 532
SECTION (1) Statute of limitations 532
Ⅰ Meaning 532
Ⅱ Period of Prescription 532
Ⅲ Effect 532
Ⅳ Stop and Interruption 533
SECTION (2) Extinction of Type 533
Ⅰ Meaning 533
Type II effective 534
Ⅲ Lottery 534

CHAPTER 06 Security Measures 539
SECTION (1) Significance and History 539
Ⅰ Meaning 539
II History 539
SECTION (2) Types and Nature of Security Measures 540
Ⅰ Types of Security Measures 540
Ⅱ Relationship with Punishment 540

- Case Index 541