미수범의 체계에 대한 소고

A study on an attempted cnme intent

Our criminal law prescribes three types of Criminal Attempt in Article 25, 26, 27, An attempted crime is an uncompleted crime, An attempted crime occurs when the defendant has the specific intent to commit a target offense, and he also performs a substantial step toward the commission of the crime, The defendant will be found liable if he also had the apparent ability to commit the offense, Attempt is similar to solicitation, in that both inchoate offenses merge into the completed crime, This Punishment is the most generous in Criminal Attempt that our criminal law prescribes, Here the reason becomes an issue why the uncompleted crime is Punished so generously, This is the question of legal character and the nature of the uncompleted crime, There are many theories, For example theory of criminal policy, law-theory, combination-theory, compensational theory, theory of Punitive Purpose, theory of fulfillment of responsibility, I have mentioned in the above the ground that the Korean criminal law deals most generously than a would-be one by reducing or exempting Punishment the uncompleted crime in Korean criminal law, This study investigated on the attempt criminal intent, This paper mainly focused on the following contents: 1) a concept of An attempted crime 2) Structure of criminal act and system of criminal 3) Ground of Punishment and Starting of execution