형법 제10조 제3항의 가벌성에 관한 재조명

Shed new lights about punishment 3 of article 10 of the Criminal law

The point of discussion about "Actio libera in causa" focused on what evidence of punishments actuced from alienation on the principle of means. Older theory has the advantages of the theory but the structural characteristics of "the Actio libera in causa" may be overlooked. Actio libera in causa has the features of two structured activities. Therefore, the previous opinion actuced from an criterion of punishment with only a deed may overlook the structural features of "Actio libera in causa". Therefore, by the most recent opinion we can find the evidence of punishment, better reflecting the structural features of Actio libera in causa on the relevance of both acts. However, the mean just as both act is integrally connected, it can be punished requires more specific description. Therefore, it will need to review once again if both acts in any relationship is subject to penalty. In this thesis, regarding both deeds are related with a recognition of the criminal acts, I presented more definite descriptions about previous opinions and a penalty basis of the Actio libera in causa.