양형의 법적 성격과 합리화 방안

• 영문명: Legal Characteristics of Sentencing and Reasonable Methods for Sentencing
• 발행기관: 한국형사법학회
• 저자명: 이보영(Lee, Bo-Young)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제4호, 219~250쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.31

영문 초록

This article is about Sentencing, especially in Legal characteristics and problems of sentencing. The result of sentencing directly influences the freedom and rights of the defendant and further influence the public's confidence in the Judiciary : The greatest concern of a defendant who goes on trial is which penalty and how much he or she will get punished, not criminal theories or the composition of an offense. Accordingly, sentencing should be conducted under predictability and control ability, and should ensure appropriatences and uniformity. Sentencing is an issue organically involving law, theories and legal practice, and reasonable methods in sentencing require reviews on the legal characteristics of sentencing. Accordingly, improvements in practice not sentencing even though it may ensure the uniformity in sentencing. In summary, reasonable improvements of the sentencing issue should start from renouncing the traditional perspective that considers sentencing as judges direction within the statutory penalties. Based on the study ,legitimate and efficient institutions and plans should be made by identifying the realities and problems of sentencing in korea This study expects that sentencing will be one of the main subjects in criminal theories This article is composed of some chapters as fallow; Chap.1 Introduction Chap.2 Sentencing hazard existing Chap.3 Legal characteristics of sentencing Chap.4 Problems of sentencing as reasonable methods Chap.5 Reasonable Methods for Sentencing Chap.6 Conclusion

목차

Ⅰ. 문제의 제기

Ⅱ. 양형의 현실적 중요성

Ⅲ. 양형의 법적 성격에 대한 검토

Ⅳ. 적정양형을 저해하는 제문제점

Ⅴ. 입법적 측면에서 양형합리화 방안

Ⅵ. 맺는말

키워드

양형위기 양형규범논리 양형의 법적 성격 양형 합리화 양형위원회 Sentencing hazard existing Legal principles on sentencing Legal characteristics of sentencing Reasonable methods for sentencing Sentencing committee