지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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Determining the number of offenses, act-based principle which starts off from counting the number of acts committed and crime-based principle which starts off from counting the number of crimes committed are proposed competitively. On the other hand, there is also a view saying either principle can be used because the order is not an important factor.
The number of offenses is the last stage of criminal assessment. Because it is the last decision making stage following the penality decision, it should be harmonized with criminology and prevent any misjudgements and chaos.
If these factors are not related and affected by the two principles mentioned above, there would be no practical use in discussing on the decision-making structure for determining the number of offenses. studying it, I have reached at a conclusion: system that determines the number of acts prior to penality decision, followed by the determination of number of crimes would allow the harmonization with criminology. This is because the subject of criminal assessment is a man's act and beginning with deciding and examining such subject is the natural flow in the criminology system. The unit of act should first be determined when following the act-based principle and it is a very important and difficult work because it asks to divide a man's act, that is a one uninterrupted continuum. Subsequently, nature of the man's act cannot be used as a standard for dividing it into separate units.
Rather, it should be based on the social recognition frame which gives a distorted vision of seeing the continuous reality as one that is not continuous. There are several views to determine the unit of act such as the one that relates the unit of act to legal sense and social/penal standards of act. These views have appropriate decision criteria but still need complementation in crystallizing them. This complementation can be achieved by understanding the contents of the social recognition which can be discovered through the language that we use. For example, the range of expressions that we use to individualize the portion of man's act into one unit and designating it(killing, raping, stealing money and goods, etc.) can be said to be the one unit of act.
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