2022년 형법 중요 판례 평석

Abstract

First of all, there were six full-bench decisions by the Supreme Court, and the first one related to the crime of trespassing was a ruling based on the purpose of the precedent that had been changed in 2021, reaffirming the precedent's stance once again.
 In property crimes, the Supreme Court has maintained the tendency to strictly limit the application of the crimes of embezzlement and breach of trust.
 Additionally, the judgment related to the interpretation of Article 1 (2) of the Criminal Act is also important, as it abolished the theory of motivation that had been applied in judicial precedents.
 Academics have long criticized the interpretation of Article 1 (2) of the Criminal Act based on the theory of motivation. In this paper, I first reviewed the full-bench decisions by the Supreme Court and provided peer review. For other major judgments, only the issues and reasons for the decisions were briefly introduced.
 To ensure the legitimate exercise of punishment, it is desirable to present clear interpretation criteria for the law, and interpretations beyond the literal meaning of the law cannot be allowed.
 In this regard, it is noteworthy that in 2022, the Supreme Court made positive decisions that presented standards to further clarify the interpretation of each crime element or limit criminal punishment, such as changes in precedents in property crimes to reflect social changes.