절도죄의 가중요소에 대한 법적용의 한계

A study on the definition of special factors in the theft crime.

Theft is one of the most common occurred crime and make out a most basic theory of property offences. The purpose of this study is to examine the special factors of theft crime that makes the severe punishment. The law that regulate the theft crime is not only criminal law but also many kinds of code in korea law System. The article §329 of criminal law regulate the general theft crime which lay down the same punishment that is regardless the amount of the victim and damages. But the other series of law amplified the theft act that is according to the kind of property. Because it is not so desirable legislation style that we have to abrogate it. The criminal law is sufficient to punish the all kinds of theft acting. The acticle of §331 section 2 of the criminal law are also functioned to the extending further the general theft acting which we called the special theft. Especially the special theft act is thief with the weapons or with other complicity together. According to the judicial interpretation of the meaning of dangerous weapons are so extensive which means for the most part of theft acts are conformed the article §331. But it is earnestly need to interpret the meaning of weapon is different to the dangerous stuffs. If a man have committed a theft with something dangerous stuff that means only use it to the convenience of theft doing, it is not conform the special theft. Therefore the meaning of the weapon and dangerous stuff is very different each other. And special theft is also different to the robbery and blackmail. The thief with the weapon does not use it to assault the victim but only to bear or possess it. The korea supreme court interpreted the possession of weapon means that the thief has to recognize what he posses, but it is not need for the point of a victim. It is also dangerous to broad the scope of applicate the special theft act §331 of criminal law. Next criticize point of the supreme court's decision is the problem about the complicity of the band theft. The important reason of why the band theft have to accept the severe punishment is to increase the something dangerous during the theft situations. And for the complete of the band theft, it must need the two essential conditions, which are all the members of complicity are working together in the same time and same place. But according to the decision of the supreme court recently, one of band theft's member who did not help the thief action at the same place is also accomplish the crime of the band theft. It is so contradict to the general theory of the band theft, and it also to contribute the extension of the band theft.