검색결과

검색조건
좁혀보기
검색필터
결과 내 재검색

간행물

    분야

      발행연도

      -

        검색결과 1

        1.
        2007.09 KCI 등재 서비스 종료(열람 제한)
        Till now we have inquired into problems about application of the Criminal Code Article 310 centering around the Supreme Court's case. To apply Article 310 to the case, the action of article 307① is to be true and a thing about only public interest. As the truth is a objective structure factor of article 307①, it is an acknowledge object of Intent, therefore if one believe non-true factor as true factor, he falls into an error of factor, So his action conforms not to article 307② but rticle 307①. And the aim of public interest is an subjective factor for justification of article 310, but the aim of maligning an innocent person is an subjective factor for justification of article 309. So the former is factor for decision of unlawfulness, the latter is a factor for decision of structure. After all without the former, the unlawfulness of the action is still recognized, without the latter the structure of the action is cut.