犯罪被害者의 地位 = A Study on the status of crime sufferer

다국어 초록 (Multilingual Abstract)

The motive of commiting a crme means the befinning of actual action, realizing the component elements of a crime. Therefore, the motive of performing a crime is one of the critial component elements in terms of a would-be criminal. as it is important notion that sets the time from attempted crime. The motive of the performance of a crime should be distinguished from the befinning of criminal attempt, prior to the motive.
The reason is that the motive of the performance of a crime indicates the beginning of imposing danger and encroachment upon legal interests, while the beginning of a criminal attempt suggests just and simple preparatory behaviour which excludes the beginning of imposing danger and encroachment upon legal interests.
In determining the motive of the performance of a crime, it has been generally accepted that the motive should be dealt with the objictive basis, irrespective of a performer's subjictive psychological state. Hence, such an objective theory trys to make a definite decision on the basis of criminal theory of a classical theory. The objective theory claims that the motive of cirminal behavior is regarded as an intentional beginning of component elements of a crime. In terms of determining the motive of the performance of a crime, the objective theory has traditionally been adopted both in France and Germany.
According to the decision made by Lawiz Court in Germany, an attempt should be behun with one of its performance, constituting conceptional form of criminal behaviour. And later on, the court judged that in order to be an attempt, the content in action should belong to the behaviour concerning the danger of encroachment on legal interests should also be realized by the behaviour.
In order to make a crime violated law, every fact should be generally put together composing components of a crime.
Therefore, without thorough observation of whole component elements, what realizes a simple fact can't become the motive of the performance of a crime. As professor, Ki-chun Yu explanined, whether or not a definite behaviour is the motive of a crime depends on interpretations of each component elements.
In such interpretations, a concrete psychological state should be considerde, and we can't overlook the unique characteristic of the philosophy of Law, saying that even the same performance must be judged after due consideration of its surrounding conditions. It is true according to dbjective theory that grasping the motive of the performance of a crime or notion of component elements has been historically demanded.
However there is also a growing demand that countries in modern society, according to subjective theory, rely heavily on the character of a performer, based on the willingness of committing a crime in order to decide the motive of the performance of a crime.
Eventually, there is no way to sove the problen of the motive of the performance of a crime unless it is based upon the principle of criminal law, which is the harmony between respect of individuals and integrity of society.

목차 (Table of Contents)

• Ⅰ.序論
• Ⅱ.被害者學의 發展過程
• 1.序言
• 2.H.von Hentig
• 3.H.Ellenberger
• 4.B.Mendelsohn
• 5.國際會議로 본 被害者學의 動向
• 6.國家別로 본 被害者學의 動向
• Ⅲ.被害者學의 地位
• 1.被害者學의 獨立科學性
• 2.刑法學과 被害者學
• Ⅳ.犯罪 被害者學에서의 被害者
• 1.被害者의 槪念
• 2.被害者의 類型
• Ⅴ.被害者學의 展望
• Ⅵ.結論