2016년도 형법판례 회고

The Reviews of the Criminal Cases of the Korean Supreme Court and Korean Constitutional Court in 2016

In the year of 2016, 152 criminal cases by the Korean Supreme Court(KSC) are registered on the internet homepage of the Court. 5 criminal law cases of which are decided by the Grand Panel. In this paper, 2 cases of above 5 cases and other several cases are reviewed which seem to be comparatively important. In addition, are reviewed some cases by Korean Constitutional Court which decided the constitutionality of the punishing prostitution and the penalty against the robbery accompanying death by negligence. All the reviews are constituted as follows: 1. The Fact of the Case, 2. The Summary of Decision and 3. The Note. The contents of this paper is as follows: Ⅰ. Introduction Ⅱ. The Judgements of the Grand Panel of the Korean Supreme Court In this chapter, 3 cases of the Grand Panel of the KSC are reviewed. Ⅲ. Several Judgements of The Korean Supreme Court In this chapter, 10 cases are reviewed. The subjects of the cases are such as the concept of the physical damage to the child, the embezzlement, the breach of trust or the fraud etc. Ⅳ. The Decisions of the Korean Constitutional Court In this chapter, 2 cases on the constitutionality of the criminal provisions are reviewed. The subjects of the cases are the punishing prostitution and the penalty against the robbery accompanying death by negligence.