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Responsibility Intent and Mistake of Justificatory Facts

  • DONG-A LAW REVIEW
  • 2017, (75), pp.119-144
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : April 15, 2017
  • Accepted : May 25, 2017
  • Published : May 31, 2017

Song, Si Seob 1

1동아대학교

Accredited

ABSTRACT

In this paper, the concept of responsibility intention could be clarified, which has been ambiguous for a long time. First, in order to clarify the concept of responsible intention, the object of the intentional intentions was examined based on the understanding of the intention’s status in the structure of crime. In the process, we tried to resolve the misunderstanding of the illegality recognition in relation to the systematic status of the conventional illegality. Based on the conceptual reconciliation of these responsible intentions, I suggest to solve the problem , so called ‘Mistake of circumstance related to the Justification’ (eg. putative self- defense) based on connecting the responsibility intent and try to clarify the difference between the ‘rechtsfolgeeinschränkende Schuldtheorie’ and new method. In addition, subjective element of justification could be understand as separate issue from responsibility intent in illegality area.

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