영미형법상 이전범의의 원칙

The Doctrine of Transferred Intention in Anglo-American Criminal Law

As a general rule, Anglo-American Criminal Law can result in charges which include the mistake of object and the mistake of means. But the imputation is different between the mistake of objects and the mistake of means. The mistake of object means a mistake about people and specific objects. So people think the result is guilty. Because they intended the result. For example an actual offender shoot A to kill A, but they missed the mark. SoB was injured. Even though the actual offender didn't want to shoot b he was hurt. So we recognize the causation of the result. Because the intention transferred from A to B, the actual offender bears the responsibility. We call the Doctrine of Transferred Intention or transferred malice' in Anglo-American Criminal Law. We'll investigate the Doctrine of Transferred Intention and also we'll examine this theory to see how much we agree with korea's theory. We'll distinguish between America's theory and British's theory about the doctrine of transferred malice