【형사법】 09월 17일 (화) 1일1제 484일차 - 우연방위

September 17 (Tue) Criminal Law [Accidental Defense] 24. 2nd Police Officer Which of the following statements best describes the following case? Ms. A was experiencing conflict with her husband, A, due to his daily drunken behavior and violent behavior. One morning, she heard the door open and someone entering the house. She threw a cup at A, intending to injure him. She then heard a sound of someone falling over, exclaiming, "Oh no!" She turned on the light and saw not A, but B, wielding a knife, lying on the ground, struck in the head by the cup. B had entered A's house to commit a robbery. ① The above case is an example of a mistake of object, a mistake of specific fact. According to the theory of specific correspondence, Ms. A's actions constitute attempted bodily harm against A and negligent homicide against B, and these two crimes are in a contemporaneous relationship. ② The above case lacks subjective justification. In such cases, the act-half value exists but the result-half value does not. Therefore, if we follow the view that the impossible attempted crime rule should be applied analogically, A's act constitutes an impossible attempted assault. ③ The above case falls under the category of casual defense. If we follow the precedent that subjective justification is not required for the grounds for excluding illegality, A's act constitutes the beginning of the crime of assault. ④ The above case falls under the category of mistaken defense. If we follow the theory of strict liability, if A had a justifiable reason for mistaking B for A, liability would be waived and A's act would be found not guilty. Correct Answer ② [ Absolute Criteria for Passing the Criminal Law Exam! ] ____________________________________________ ✅1 Daily [Problem] Upload Time - Community Tab Sun, Mon, Tue, Wed, Thu / 7:00 AM ✅1 Daily [Video] Upload Time Mon, Tue, Wed, Thu, Fri / 7:00 AM _____________________________________________ ⠀ . . [Shin Kwang-eun Criminal Law]_YouTube Channel 👉https://url.kr/RUF8lo . . 1 Daily [Problem]_Future Talent Police Academy 👉https://lrl.kr/bm4Y . . [Naver Cafe]_Along with the Gods 👉https://cafe.naver.com/withske ___________________________________ Graduated from the National Police University, passed the bar exam, and a first-time instructor in Noryangjin! Easy-to-understand lectures based on practical experience, A channel where you can watch Professor Shin Kwang-eun's differentiated lectures A new standard in criminal law! For textbook inquiries, please contact: Professor Shin Kwang-eun (Site Name: Along with the Gods) Naver Cafe: http://cafe.naver.com/withske