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Review of the Japanese criminal case - Sapporo District Court on November 29, 2019 -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(2), pp.365-383
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 17, 2021
  • Published : May 31, 2021

Hong, Tae-Seok 1

1원광대학교

Candidate

ABSTRACT

Attempts crimes are made when an actor attempts a crime and the result does not occur. The Korean criminal law divides these types of attempted three categories. Among them, attempted suspension is subject to reduction or exemption of the sentence, and the requirements for establishment may be stricter than other attempted offenders. Article 26 of the Korean Penal Code stipulates, “If a criminal voluntarily suspends an act of execution or prevents the occurrence of a esult of such act, shall reduce or exempt the sentence.” Based on the provision of such a middleman, the most important requirement can be regarded as ‘free will’. Japan’s criminal law also has provisions related to voluntary abandonment in Article 43 and calls for ‘free-will’ as an important requirement. Although there are minor differences in terms of the term, the context of ‘voluntary stop’ or ‘spontaneous stop’ can be consistent in attempted stop. As such, attempted suspension is considered the most important factor in its establishment. Japan’s recent case of sapporo district court on November 29 in 2019 did not result in what appeared to be a voluntary abandonment, such as calling the police station to request an ambulance after the crime, but eventually denied the voluntary abandonment. Through the case of Japan, one can only wonder how far the scope of the ‘voluntary abandonment’ to positively stop is. This paper is meaningful in examining the Japanese precedents of this content and examining the nature and scope of ‘free will’ one of the factors for affirming voluntary abandonment.

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