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      • KCI등재

        위임을 초과한 현금인출의 형사상 죄책에 관한 고찰

        이종갑(Lee, JongGab) 한양법학회 2009 漢陽法學 Vol.27 No.-

        In 1995, revised the Criminal Law made new clause of fraud about computer use. The more society develop, more increase computer use and also the crime of new form -It used the computeroccurred. In order to regulate this crime, amend the Criminal Law. It comes under Article 347-2 of the Criminal Code, use to computer something dishonest (inclusion of data processing or input not order) is punishment that for profit of property. Because the text is enact in the abstract, the application of the text is not smooth about problem in connection with ATM(automated teller machine) that problem is a reason this text. And it will be apply to problem frequently. A man draw out cash from an ATM by another person's card. In this case, not a few theory and precedent come to the conclusion that larceny. And, other advocate have been persisted that embezzlement. The latest precedent decide that comes fraud about computer use about draw out cash from an ATM by another person's card in excess of one´s authority. But carry on a discussion about this. Unlike the Supreme Court, the lower court is opposed the application of fraud about computer use or continue a discussion on the application of larceny. the application of a this text come to the conclusion that take a triangular position firmly. This text from Germany based on its. Germany’s text is punishing person that do damage to another person that affect result of data processing that includes the following ways: Making up a program inaccurately for acquisition of illegal profit, the unauthorized use of information, operation unwarranted process of data processing etc. compare Korean provision with German it, Germany come to the conclusion that reduced unprepared to the limit by referring to illegal data processing widely and correctly. Our provision must make up for the weak points or has to express provision in the concrete. And, precedent and theory criticized repeatedly, it is necessary to consider profit of property provided in the text. because The text provide only profit of property, the cash is one of the property, the cash not apply of this text. Naturally, take advantage of rational a broad interpretation, we included cash among profit of property like some theory. But we must have a hard think about supplementing the text basically.

      • KCI등재후보

        아내강간의 성립에 대한 소고

        이종갑(Lee JongGab) 한양법학회 2008 漢陽法學 Vol.23 No.-

        In Korea, wife rape is not existence. In 1970, the Supreme Court is a judgment of an acquittal of wife rape, a common view also follow it. But it is wrong judgment, because that is a male-dominated and baseless. They insistence of conjugal relations is special, but wipe is never special. Marriage has never been viewed as giving a husband the right to coerced intercourse on demand. Also the existing regulations of criminal law is comprehension, all women is rape’s object. That’s not reason of wife exception. So well, if rape is attendance of violence, it’s must punished. A married woman has the same right to control her own body as does an unmarried woman. And punishment of husband, according to an exemption law of domestic violence regard as appropriate.

      • KCI등재후보

        형벌이론과 양형

        이종갑(Lee JongGab) 한양법학회 2007 漢陽法學 Vol.21 No.-

        What’s the purpose & effect of Criminal judgement? and How to enforce the profit level? A long time ago, this problem raised our academic group. But this problem isn’t solve nowaday. For the solve of the argument, we shouldn’t think of “dividing step of criminal investigation ; survey, step of criminal case, execution of a sentence” Survey & judgement, execution is made of other step. But this step’s purpose is judge of guilty/not guilty and decision of profit & reasonable punishment. and the offender return to normal social people. Thus, for the solve of the argument, We need synthetic understand of “decision of criminal punishment”. for the this benefit, we search ‘balance of liability and prevent’ and ‘intervention of judgement in execution of sentencing’. and this research is to act recover of belief of administration of Jutice. This article is proposed the rational and clearly of ‘decision of criminal punishment.’ This article’s opinion based on combine of traditional purpose of punishment and sentencing theory. and among all the execution of sentencing step can intimate connection.

      • 동기 발전기 여자 시스템에서의 비접촉 회전형 변압기에 대한 설계 및 특성해석

        손동혁(Donghyeok Son),이종갑(Jonggab Lee),김도선(Dosun Kim),조윤현(Yunhyun Cho) 대한전기학회 2007 대한전기학회 학술대회 논문집 Vol.2007 No.10

        동기발전기 회전 계자형에서 비접촉 회전형 변압기를 제안함으로써 브러쉬와 슬립링을 이용하는 기존의 방식이 갖는 유지 보수와 정기적인 점거에 대한 문제점을 보완한다. 동기발전기 여자 시스템에 부합하는 비접촉 히전형 변압기를 설계하고 유한 요소법으로 특성을 해석하였다. 시작품 제작을 제작하고 실험함으로써 제안된 변압기의 타당성을 검증하였다.

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