• Title/Summary/Keyword: 형법

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The Possibility with Other Ways to Protect an Unborn Child in Terms of Illegal Abortion in Crown Law (분만 전 태아에 대한 낙태죄 이외의 형법상 보호가능성 - 대법원 20007.6.29. 2005도3832에 대한 평석 -)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.197-257
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    • 2008
  • Current crown law punishes crime related to unborn child with abortion crime. So we might think that any infringement on unborn child is pretty well protected. But, in terms of illegal abortion, a charge of injuring person and homicide, there are lots blind spots in punishing criminals. Especially, there are numerous unclear cases in illegal abortion. If a doctor killed an unborn child by accident in medical operations, we can't punish him because it was an accident. There still exist controversial cases such as, if an unborn child was somehow damaged and was dead after birth, or was born with disabilities, how are we supposed to punish that? Recently, in a case where a doctor left alone a mother who had a baby and the baby died, our Supreme Court of Korea (Supreme Court of Korea 2007.6.29 2005do 3832) had given a verdict of "not guilty". It looked like they were very fair with current crime law. But, we want this case to be investigated if there weren't any logical contradictions as well as concurrent translation within Constitution Law.

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The Automatic Determination of the Optimal Build-Direction in Rapid Prototyping (고속적층조형법에서 최적 적층방향의 자동결정)

  • 채희창
    • Proceedings of the Korean Society of Machine Tool Engineers Conference
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    • 1997.04a
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    • pp.150-155
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    • 1997
  • Rapid Prototyping(RP) is the technique which is used to make prototypes or functional parts directly using the 3-D solid data. Before building the prototype, several processes such as transfering 3D data from CAD system(STL) determination of build-direction, adding support structure and slicing are required. Among the above processes. determination of build-direction is the target of this study. The build direction is determined by many factors according to the objective of the user, like part accuracy, number of support structure, build time, amount of trapped volume, etc, But it is not easy to determine the build-direction because there are many factors and some factors have dependent properties with one another. So, in this study the part accuracy, the number of support structures and build time are considered as the main factor to determine the optimal build-direction. To determine the optimal build-direction for increasing part accuracy, sum of projected area which caused stairstepping effect was considered. The less the projected area is the better part accuracy is About the optimal build-direction to minimize the amount of support structure, sum of projected area of facets that require support structures was considered. About the build time, we considered the minimum height of part we intended. About the build time, we considered the minimun height of part we intended to make.

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Present Condition and Countermeasure of Female Crime (여성범죄의 현황과 대책방안)

  • Kim, Kyung-Tae
    • The Journal of the Korea Contents Association
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    • v.7 no.8
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    • pp.191-198
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    • 2007
  • Due to the growth of female movement after 1970s' and the resultant interest in female activity changed the type and degree of female crime and thus led to considerable interest and research. As a result, the relative difference between crime rates of sexes has been reduced, but the crime of male and female has been considerably decreased owing to sex role and concept of self-ego, more generally specking, the result of female movement. As countermeasure for the recently increasing frmale crime, this research presents first, enhancement of social education; second, arrangement of relevant institutions; third, activation of the system of female investigator; fourth, the necessity of victimology approach.

The relation between the five critical crime of criminal law and the private security services (형법범죄 중 5대 범죄와 민간경비 간의 관계)

  • Joo, Il-Yeob;Jo, Gwang-Rae
    • Korean Security Journal
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    • no.8
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    • pp.361-377
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    • 2004
  • This study is to examine the relations between the big five critical crime that consist of homicide, robbery, rape, theft, violence and the private security services. To achieve this objective, this research selected the subject of study, specially, 2002 status of the private security such as the number of companies and employees classified by areas along with the big five crime mentioned above classified by area. The research data is secondary data that is from '2003 Crime Analysis' of the Supreme Public Prosecutors' Office and 'The private Security Related Data' of the National Police Agency. The selected data were analyzed according to the variables by using SPSS 10.0 statistics software program. Each hypothesis was verified around the level of significance ${\alpha}$=.05 by using the statistical techniques, such as Descriptive Statistics, Correlation, Regression, etc. The following was the result of the study, First, the total number of the big five crime affects the number of the companies at significant level. Second, the number of the security companies can be explained by the each total number of the big five crime in the order of theft, robbery, violence, rape and murder. Third, the total number of the big five crime affects the number of the security employees at significant level. Forth the number of the security employees can be explained by the each total number of the big five crime in the order of theft, robbery, violence, rape and murder.

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Improvement of Square Cup Drawability of Clad Sheet Metal by Warm Forming Technique (온간성형법에 의한 클래드 강판재의 정사각컵 드로잉성 향상에 관한 연구)

  • 류호연;김영은;김종호
    • Transactions of Materials Processing
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    • v.10 no.3
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    • pp.253-260
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    • 2001
  • This study was performed to investigate the optimized warm forming conditions which gave the maximum drawing depth in square cup drawing of clad sheet metals, by changing the temperatures of die and blankholder and also shapes and materials of blanks. Two kinds of clad sheet metals, STS304-A1050-STS304 and STS304-A1050-STS430 were selected for experiments. The relative drawing depth of STS304-A1050-STS304 clad sheet was increased up to 4.4 at $150^{\circ}C$ that was 29% higher than at room temperature, whereas STS304-A1050-STS430 material was improved to 3.9 at $120^{\circ}C$ which was 15% better than at room temperature. In addition, comparison of wall thickness and hardness of a warm drawn cup with those of room temperature showed more even distributions. No separation between each laminated material after drawing occurred through inspection by microscope as well as application of penetrant test and bond strength test. Therefore, warm forming technique was confirmed to give better results in deep drawing of stainless clad sheet metal.

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The Effect of Dispersoid on Yield Strength of Dispersion Strengthened Cu Alloys Fabricated by Spray Forming and Reactive Spray Forming (분무성형 및 반응분무성형법으로 제조된 분산강화 동합금의 항복강도에 미치는 분산상의 영향)

  • Lee Jongsang;Jung J. Y.;Lee Eon-Sik;Park W. J.;Ahn S.;Kim Nack J.
    • Proceedings of the Korean Society for Technology of Plasticity Conference
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    • 1999.05a
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    • pp.38-46
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    • 1999
  • Dispersion strengthened Cu alloys have been manufactured by spray forming and also by reactive spray forming, followed by hot extrusion of the spray deposited billets. The size of dispersed particles in the reactive spray formed alloy was much finer than that in the spray formed alloy. That was because the dominant chemical reaction between Ti and B had occurred in Cu-Ti-B alloy melt in spray forming while it had occurred after deposition of droplets in reactive spray forming. The yield strength of the reactive spray formed alloy was greater than that of the spray formed alloy. To understand the mechanism responsible for this observed strengthening, the yield strength of two Cu alloys were analyzed using the dislocation pile-up model and Orowan mechanism, which were fairly consistent with the experimental results. Increase in yield strength of reactive spray formed alloy relative to spray formed alloy was largely attributed to nano-scale TiB dispersoids.

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A Study on "the other person" in Act on promotion of information and communications network utilization and information (정보통신망 이용촉진 및 정보보호 등에 관한 법률상의 "타인"에 관한 고찰)

  • Kim, Hye-Rim;Park, Kwang-Hyun;Park, Jong-Ryoel
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2013.07a
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    • pp.173-175
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    • 2013
  • 본 논문에서는 정보통신망 이용촉진 및 정보보호 등의 관한 법률에서 '타인'의 범위에 관한 해석을 논점으로 삼고 있다. 대법원은 위 법 제49조의 '타인'의 범위에 관한 해석에서 생존한 사람뿐만 아니라 사망한 자도 포함하여 해석하고 있다. 물론 동법의 사자(死者)도 정보통신망의 안정성과 정보의 신뢰성 확보를 위해 포섭하여 해석할 수 있다는 견해가 존재할 수 있지만 형법 및 형사특별법은 죄형법정주의라는 이념상 허용될 수 없다는 견해가 타당하다. 형사법의 해석은 형벌이라는 가혹한 법률효과를 예정하고 있으므로 형벌법규의 해석은 엄격해야 하고 명문규정의 의미를 피고인에게 불리한 방향으로 확장해석하거나 유추해석을 해서는 안된다. 만약 동법 제49조의 '타인'의 범위에 사자(死者)를 포함한다면 법률해석의 방법인 문리해석, 논리해석, 목적론적 해석, 헌법 합치적 해석에도 반하므로 동법에서 '타인'의 범위에 사자(死者)를 포함시키고자 한다면 동법의 개정을 통해 법규 수범자에게 예측가능성을 확보할 수 있도록 용어의 분명한 정의규정이 입법을 통해 반영되어야 한다.

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A Study on the Enforcement and Characteristics of Environmental Criminal Law in the U.S.A. (미국 환경형법의 특성과 강제절차)

  • 이경호
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.5 no.1
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    • pp.59-78
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    • 1999
  • Although recently vigorous studies on environmental crime have contribute criminal respects to be advanced in our country, most of them are focused on German discussions about the theory of environmental crime or environmental criminal law. As each countries in criminal legislation for environmental protection have some distinctive characteristics not found in others, the study which is more helpful to regulate environmental crime can be extend to other country in the view of comparative law. Thus this Article overviews especially the environmental criminal enforcement program involving civil and administrative enforcement in the United States. Notwithstanding that enforcement is an evolving phenomenon that only recently appeared on the scene, there is widespread public support for it. Once viewed as mere economic or regulatory offence lacking an element of moral delict, environmental crimes now provoke moral outrage and prompt demands for severe sanction and strict enforcement. Many major provisions of modem environmental acts that imposed criminal liability have been added or significantly restructured during the last decade. Notable among them are the imposition of the felony penalties for federal environmental crimes and the enactment of the endangerment crime in federal environmental law. This Article approaches the characteristics of environmental criminal enforcement form introducing major federal environmental acts. It develops the result that, considering the difference that exist between Korea and United States in environmental criminal law, our proper environmental regulatory framework can be constituted.

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The Effect of the Heating Conditions on the Warm Hydro-Formability of the Alumium Alloys (알루미늄합금의 열간 액압성형법 성형성에 대한 가열조건의 영향도 분석)

  • Kim, Bong-Joon;Park, Kwang-Su;Ryu, Jong-Soo;Son, Sung-Man;Moon, Young-Hoon
    • Journal of the Korean Society for Heat Treatment
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    • v.18 no.3
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    • pp.172-176
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    • 2005
  • Modern automobiles are built with a steadily increasing variety of materials and semifinished products. The traditional composition of steel sheet and cast iron is being replaced with other materials such as aluminum and magnesium. But low formability of these materials has prevented the application of the automotive components. The formability can be enhanced by conducting the warm hydroforming using induction heating device which can raise the temperature of the specimen very quickly. The specimen applied to the test is A6061, A7075 extruded tubes which belong to the age-hardenable aluminum alloys. But in the case of A6061 age hardening occurs at room temperature or at elevated temperatures before and after the forming process. In this study the effects of the heating condition such as heating time, preset temperature, holding time during die closing and forming time on the hydroformability are analyzed to evaluate the phenomena such as dynamic strain hardening and ageing hardening at high temperatures after the hydroforming process.

Recent Issues related to the Medical Certificate and Prescriptions (진단서, 처방전과 관련된 최근의 쟁점)

  • Moon, Hyeon-Ho
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.49-80
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    • 2013
  • The Issuance of false medical certificates on Criminal Law or the Medical Service Act are frequently applied to the insurance fraud cases related with the medical certificate, prescriptions. The meaning of medical certificate is not defined on the crime of Issuance of false medical certificates, but considering the rule of Paragraph 1 of Article 17 of the Medical Service Act, which punishes drawing up the medical certificate by anyone except the doctor who has directly examined, and the principle of legality, the medical certificate applied with the crime of Issuance of false medical certificates should (1) include the judgment after current medical ex-amination, (2) be written for the purpose of verifying the health status and (3) have a style that can be recognizable as medical document usually written by doctors. In addition, since there have been many argues on the range of application of the Paragraph 1 of Article 17 of the Medical Service Act, which generally regulates various kinds of documents such as medical certificates, prescriptions and others, which have different purpose and characters, the range of application of the clause above is needed to be interpreted strictly.

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