2021년도 형법판례 회고

The Reviews of the Criminal Law Cases of the Korean Supreme Court in 2021

I. Introduction In 2021, a total of 172 criminal cases were sentenced by the Korean Supreme Court. These cases refer to the data registered on the court website.1) Among them, 6 criminal cases of which are decided by the Grand Panel, were included. In this article, 4 cases by the Grand Panel and other several cases that is remanded after reversal are reviewed. The review of cases is as follows : 1. The Fact of Case, 2. The Reason for Judgment, 3. The Judgment Review. II. The Cases of the Grand Panel of the Korean Supreme Court In this chapter, 4 cases of the Grand Panel are reviewed. The subjects of the cases are ‘The voluntary disposition of real estate in a bilateral title trust and the crime of embezzlement’, ‘Whether the consent of the co-resident in the Intrusion upon Habitation’, ‘Judge's Sentencing Discretion in Arbitrary Reduction Cases’, ‘Whether the link act constitutes an aiding in the infringement of the public transmission right’. III. The Cases related to the General Part of Criminal Law In this chapter, 4 cases art reviewed. The subject is related with ‘Article 16 of the Criminal Act, a justifiable reason for a mistake in the law’, ‘Justifiable reasons for violating of Matters to be observed’, ‘Alcohol blackout and passing out in Quasi-Indecent Act by Compulsion’, ‘Producing and possessing of child pornography’. IV. The Cases related to the Special Part of Criminal Law In this chapter, 6 cases are reviewed. The subject is related with ‘whether or not the breach of trust is established in the error remittance of virtual currency’, ‘whether Alteration of Document is established in the act of erasing with correction tape’, ‘collateral and breach of trust’, ‘subject of the offense of intrusion upon habitation and rape’, ‘monetary debt and breach of trust’.