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윤상민 圓光大學校 法學硏究所 2004 法學硏究 Vol.20 No.-
It is impossible to explain the purpose of the punishment by one of these three theories - the retribution, the general prevention, and the special prevention. It is proper to understand the purpose of the punishment through the general research of the purposes, not through just one of them. Thus, this paper examines the plurality of the punishment purpose on the procedure - the legislation, the trial, and the execution of a sentence - of the criminal punishment, shows the purposes mainly pursued in each procedure, and finally presents the right punishment system.
윤상민 원광대학교 법학연구소 2007 圓光法學 Vol.23 No.1
Real estate name trust is limited by 'Act on The Registration Of Real Estate Under Actual Titleholder’s Name' except for real estate on title registration under a third party"s name. If someone do the limited real estate name trust, it will be punished by 'Act on The Registration Of Real Estate Under Actual Titleholder’s Name'. Nevertheless, if a bailee sell name trust real estate, there is a problem to punish them by embezzlement and breach of trust. The Supreme Court' leading case and majority' opinion are it is possible. But real estate name trust is illegality. Accordingly, embezzlement is not a custodian. And it is not admitted as a business conductor. The purpose of 'Act on The Registration Of Real Estate Under Actual Titleholder’s Name' is to contribute to the sound development of the national economy through the prevention of antisocial actions, such as speculation, evasion of taxes and acts circumventing laws, etc. which abuse the real estate registration system and to strive to normalize real estate transactions and stabilize real estate prices by having any ownership and other real rights to the real estate registered under the names of those having the actual rights so as to conform to the substantial relation of rights. To get these goal, Criminal punishment about bailee is wrong to protect truster. So, it can be punished by embezzlement and breach of trust.
윤상민 圓光大學校 法學硏究所 2006 法學硏究 Vol.22 No.1
As a general rule, Anglo-American Criminal Law can result in charges which include the mistake of object and the mistake of means. But the imputation is different between the mistake of objects and the mistake of means. The mistake of object means a mistake about people and specific objects. So people think the result is guilty. Because they intended the result. For example an actual offender shoot A to kill A, but they missed the mark. So B was injured. Even though the actual offender didn't want to shoot b he was hurt. So we recognize the causation of the result. Because the intention transferred from A to B, the actual offender bears the responsibility. We call the Doctrine of Transferred Intention or transferred malice' in Anglo-American Criminal Law. We'll investigate the Doctrine of Transferred Intention and also we'll examine this theory to see how much we agree with korea's theory. We'll distinguish between America's theory and British's theory about the doctrine of transferred malice.