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※ 단, EBSCO ASC/BSC(오후 5시~익일 오전 9시 무료 이용)
Generally possession in criminal law means a state which can dominate goods as a matter of fact. And possession in criminal law puts to use as a word of "keeping", as the case may be understand to legal domination. Therefore possession in criminal law must be understood in according to function and contents of "Tatbestand" of crime, and must be understood in a realistic conception than possession in civil law. Thus possession in criminal law is able to classfy in three sorts as follows ; ① possession as the object of protection, ② possession as the subject of infringement, ③ possession as the object of infringement. Possession as the object of protection (Criminal Law. Article 323) is conception which includes lawful possession and unlawful possession, which limited than possession as the object of infringement. Possession as the subject of infringement is possession in embezzlement (Criminal Law. Article 355 ①). This possession means a state which can dominate goods as a matter of fact or legally. As a general rule, this possession is idendical with possession as the object of infringement. But this possession is only different with possession as the object of infringement as follows : The first, possession as the object of infringement has essentially exclusive power. In opposition to thus possession, "keeping" in embezzlement ; i.e. possession as the subject of infringement has essentially dominant power with anxiety about abuse, intensifing temptation of acquisition. The second, possession as the subject of infringement is formed with relationship of mandate and reliance. And in thus possession, there is not need for lawful possession. Possession as the object of infringement relates possession in crime of capture, particularly larceny(Criminal Law. Article 329, 330, 331, 333). This possession is actual conception more then possession in Civil Law. Therefore in this possession, there is not recognized possession by inheritance or indirect possession. But a supporter of possession who has the actual domination is the possessor. This possession is formed with a dominative intention and the dominative actuality. A dominative intention is will of management which is able to manage toward whole own goods. Therefore it is not a concrete or individual will, it is an abstract or inclusive will. Generally a dominative intention is existent so far as no to abandon own property. The dominative actuality involves physical and social management. In this actuality, it needs not to recognize being to own property.