집행유예에 관한 판례 동향과 개선방안

• 영문명: Precedent Tendency and Improvement Scheme on the Probation
• 발행기관: 충북대학교 법학연구소
• 저자명: 김재중(Kim Jae-Jung)
• 간행물 정보: 『법학연구』第19卷 第1號 (2008), 295~317쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.01

영문 초록

  The probation is the system that, in case of that the court gives decision of a conviction on indicted case, it gives suspension of a sentence during given time under given conditions and with the passage of given time, the effect of decision becomes invalid.
  We can expect this system to prevent a offender from committing a crime again because it removes the abuse of short-term imprisonment and frightens a offender into executing a sentence in case of committing a crime again.
  However, in practice, because people as well as the parties on a suit think that there exists a huge gap between the prison sentence and probation, the probation is controversial in that it only focuses on avoidance of imprisonment and brings discredit on court as a result.
  Hence, the writer examines the latest trend of precedents and states the remedies of the current probation. That is, 1) the court necessarily sentences a offender to probation in case of sentencing him to short-term imprisonment under six months, 2) in case of sentencing a offender to probation on condition that he recovers damages for a victim, if a offender don"t recover damages for a victim, the court annuls a decision of probation, 3) the court sentences a offender who is on probation to probation again through the revision of criminal law and 4) in case of sentencing a offender to amercement, the court can sentence him to probation.

목차

Ⅰ. 서론
Ⅱ. 집행유예에 대한 일반론
Ⅲ. 대법원 판례 동향
Ⅳ. 결론 - 집행유예제도 개선 방안-
참고문헌
【Abstract】

키워드

집행유예제도 피해배상조건부 집행유예 유예기간 중 집행유예 자유형의 일부 집행유예 probation probation on condition of recovering for a victim probation within given time of being on probation partial probation of imprisonment