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KCI등재 학술저널

항거불능의 상태에 있지 않은 사람에 대한 준강간의 시도

불능미수? 장애미수?

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The facts of this ruling can be said to be simple. The actor thinks that the victim who is not incapable of being intoxicated is considered to be incapable of being intoxicated and takes advantage of the opportunity to embark on the practice of quasi-rape and have sex. However, the majority of opinions on the target judgments indicate that the accused person is drunk against a victim who is not incapable of anti-disobedience. Admit it. However, it was a mistake to judge a matter to be judged as a disability as an unacceptable attempt to admit the inability to immediately because the result did not occur simply because of the impossibility of means or objects. Therefore, as a criterion for distinguishing between disability attempts and disability attempts, ‘impossibility of occurrence of a result due to error of means or objects’ should be used as a specific criterion, whether it is a result of an accident or a result in any case. Therefore, this issue should be judged as a failure of the disability, not an incompetence of the quasi-rapist.

[대상판결] 대법원 2019. 3. 28. 선고 2018도16002 전원합의체 판결

[연구]

Ⅰ. 들어가는 말

Ⅱ. 불능미수의 성립요건

Ⅲ. 대법원 판결에 대한 검토

Ⅲ. 나오는 말

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