보호법익 관점에서 행위양태 및 주체에 따른 주거침입죄 성부 (A Study on Formation of Violation of Domicile Behavior Mode and the Main Body in the Benefit and Protection of the Law)

서지정보

· 발행기관 : 단국대학교 법학연구소
· 수록지 정보 : 법학논총 / 36권 / 1호 / 411 ~ 441페이지
· 저자명 : 이찬엽

초록

Violation of domicile is steadily swelling. Also it is a complex situation. This situations appear astonishing to a majority opinion that the court had made such a decision. Therefore it demand a fair decision of the judge. First problem, the existing regulations of housebreaking relation to the benefit and protection of the law. A personal opinion is protection of right in discrepancy in opinions. The law proved ineffective in dealing with the problem. Case as a substitute is not distinctly. There has been no judicial precedent for this kind of case as of yet distinctly.
Second problem, a dwelling site is determination and intention of occupant of a house. Intention of occupant of a house relation to long term and persons interested in construction. It is very complex. Idea of an inhabitant is important. Third problem,communal inhabitant is agreement for intention. This is not accept in reality. this idea are out of touch with reality. Therefore agreement. of communal inhabitant is respective. Because several is indication of failure to come to an agreement.
Forth problem, a consummated crime in violation of domicile is the terms desired.
There are violation of entire bodily and section, part and parcel. My opinion do not accept rational argument. My opinion is to decide for protection of right. Violation of entire bodily is not a vital element of an attempted, committed crime and rational interpretation. This is purpose to protection of right and injury in people.

영어초록

Violation of domicile is steadily swelling. Also it is a complex situation. This situations appear astonishing to a majority opinion that the court had made such a decision. Therefore it demand a fair decision of the judge. First problem, the existing regulations of housebreaking relation to the benefit and protection of the law. A personal opinion is protection of right in discrepancy in opinions. The law proved ineffective in dealing with the problem. Case as a substitute is not distinctly. There has been no judicial precedent for this kind of case as of yet distinctly.
Second problem, a dwelling site is determination and intention of occupant of a house. Intention of occupant of a house relation to long term and persons interested in construction. It is very complex. Idea of an inhabitant is important. Third problem,communal inhabitant is agreement for intention. This is not accept in reality. this idea are out of touch with reality. Therefore agreement. of communal inhabitant is respective. Because several is indication of failure to come to an agreement.
Forth problem, a consummated crime in violation of domicile is the terms desired.
There are violation of entire bodily and section, part and parcel. My opinion do not accept rational argument. My opinion is to decide for protection of right. Violation of entire bodily is not a vital element of an attempted, committed crime and rational interpretation. This is purpose to protection of right and injury in people.

참고자료

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