위법성 인식ㅣ26.05.08(금) 형사법 1일1제 848일차【미래인재경찰학원_김효범】

May 8 (Fri) Criminal Law, Professor Kim Hyo-beom, 1 Question a Day [Awareness of Illegality] Self-produced Which of the following statements regarding the case is incorrect? (In case of dispute, refer to case law) A, the leader of an organized crime group, mistook his girlfriend A, who had secretly entered his house late at night to surprise him, for an assassin. In self-defense, he struck her head forcefully with a golf club. As a result, A died. ① According to the position that regards awareness of illegality as an independent element of responsibility without exception, A's responsibility is always negated; therefore, according to the limited subordinate form, complicity in malice can be established. ② According to the position that recognizes the dual function of intent, constituent intent is recognized for A. ** ③ According to the analogical application theory, a mistake regarding the factual premise of a ground for justification is viewed similarly to a mistake of fact; therefore, 甲's unlawful intent is negated, and the crime of negligent homicide may be established. ④ According to case law, if the negligence resulting from 甲's misunderstanding was unavoidable, the unlawfulness will be negated. [Answer] ① [ The absolute standard of criminal law for passing! ] ✅ 1 Question a Day [Question] Upload Time - Community Tab Sun, Mon, Tue, Wed, Thu / 7:00 AM ✅ 1 Question a Day [Video] Upload Time - Naver Cafe https://cafe.naver.com/withske Mon, Tue, Wed, Thu, Fri / 9:00 AM ----------------------------------------------------------------------------------------------------------------- 📞 Inquiries: 02-826-2000 📌 Instagram: / miraeij.official 🌐 Website: https://www.miraeij.com/police/ 🍀 Blog: https://blog.naver.com/miraeij_blog ☕ Cafe: https://cafe.naver.com/withske For textbook inquiries, contact here 👆🏻 Professor Shin Gwang-eun (Site Name: With Shin) ----------------------------------------------------------------------------------------------------------------- The absolute standard for Criminal Law for passing, Mirae Injae Police Academy! Everything about the police exam in one place, with professional instructors and a systematic curriculum! Future Talent Police proves itself with results. #PoliceOfficer #PoliceCivilService #IntegratedSelection #CriminalLaw #PoliceScience #ConstitutionalLaw #MaleOfficer #FemaleOfficer #PassingCutoff #PoliceExam #Promotion #ShinKwangEun #KimHyoBeom #Lawyer #26Years