초록 열기/닫기 버튼

이 글에서는 2014년에 형법과 특별형법 분야에서 선고된 대법원 형사판례 중에서 법률실무나형사법학계에서 중요하다고 평가하고 논의가 될 수 있는 전원합의체 판결 1건을 포함하여 총 10건을검토하였다. 중요 판례의 핵심 죄명만 살펴보면 교통방해치사상죄, 범인도피교사죄, 뇌물죄, 공무집행방해죄, 무고죄, 모욕죄, 강제집행면탈죄, 배임죄, 폭력행위등처벌에관한법률위반(집단흉기등폭행), 도로교통법위반 등이다. 2014년의 형사판례에서 특별히 두드러진 특징이라고 한다면 피고인이 국회의원과 같은 유력 정치인이나 고위 공직자인 경우가 매우 많았다는 점이다. 논의의 편의상 핵심 쟁점이 되는 형법의 조문 순서에 따라 판례를 소개하고 마지막 부분에 특별형법분야의 판례를 소개하였는데, 판례별 서술은 사안, 판결요지, 검토의 순서로 정리하여 보았다.


Among criminal cases of the Korean Supreme Court sentenced in the field of CriminalCode and Special Criminal Law in 2014 of which might be recognized and discussed as importantfactors by legal affairs or criminology circles, 10 cases including one en banc decision are reviewedin this paper. Key charges of the important cases include homicide and injury of traffic obstacle,instigation of flying a criminal, bribery, obstruction of justice, false charge, contempt, evasion ofcompulsory execution, misappropriation, violating the act on punishment of violent acts(mobviolence with deadly weapon), violation of road traffic act. As the distinctive features of criminalcases in 2014, there have been considerable cases in which those defendants were high-rankingofficials or influential politicians such as congress members. For the purpose of discussion, the cases are introduced in accordance with order of the criminalcode provisions being a major issue, and the cases in the field of Special Criminal Law are introducedin the last part. Each case includes facts, summary of the de cision and its review.


Among criminal cases of the Korean Supreme Court sentenced in the field of CriminalCode and Special Criminal Law in 2014 of which might be recognized and discussed as importantfactors by legal affairs or criminology circles, 10 cases including one en banc decision are reviewedin this paper. Key charges of the important cases include homicide and injury of traffic obstacle,instigation of flying a criminal, bribery, obstruction of justice, false charge, contempt, evasion ofcompulsory execution, misappropriation, violating the act on punishment of violent acts(mobviolence with deadly weapon), violation of road traffic act. As the distinctive features of criminalcases in 2014, there have been considerable cases in which those defendants were high-rankingofficials or influential politicians such as congress members. For the purpose of discussion, the cases are introduced in accordance with order of the criminalcode provisions being a major issue, and the cases in the field of Special Criminal Law are introducedin the last part. Each case includes facts, summary of the decision and its review.