양형기준제 시행의 문제점과 양형자료 조사제도 도입을 위한 제언

• 영문명: Study on the Problems of Sentencing Guideline and Introduction of Presentence Investigation
• 발행기관: 한국형사법학회
• 저자명: 천진호(Chun, Jin-Ho)
• 간행물 정보: 『형사법연구』형사법연구 제21권 제4호, 251~272쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.01.31

영문 초록

The general criteria and basic principles of sentencing and that sentencing is apparently the condition of the defendant who, as well as our case law for securing the public’s confidence in the criminal proceedings in that sense has a meaning. Sentencing that the person’s physical liberty, economic freedom and limited to direct, and to further life, to deprive you can get great results. Thus, in light of the importance of appropriate sentencing and reasonable sentencing in the criminal trial, all intended to ensure fairness and reliability are the essential elements. Sentencing scheme as part of an effort to improve the sentencing of the sentencing guidelines to reduce variation and increase transparency by disclosing the trust of the people you want to increase the punishment to the Supreme Court Committee on installing and setting sentencing guidelines for the concrete work was in progress, murder, bribery, sex offense, robbery, embezzlement, breach of trust, perjury, and eight kinds of possible false accusation that some have criminal sentencing guidelines for July 1, 2009 has since been implemented. Sentencing is fair and objective investigation should be made fully appropriate to the individual criminal cases, as well as he can be sentenced, this court’s sentencing decision to be able to trust the people with an appeal unnecessary costs can be reduced accordingly. And to examine the data and procedures for sentencing on the court in the absence of regulatory inspectors, based on data submitted by the sentencing court and sentencing guidelines based on the sentencing judge and the difficult decisions many ways, as well as the mandatory sentencing guidelines in effect in the absence of a sentencing judge to ignore the data is easy. Therefore, the sentencing of research methods and procedures based on legal regulations of the state sentencing guidelines do not currently enforce the procedural rules that let’s have a serious problem due to the rules of procedure and establish the terms of the sentencing guidelines until now should not be implemented. And now, as the court investigator of research conducted by the sentencing court a report on sentencing in the form of a program conducted by investigators if any criminal cases against the judges to decide whether to let their compliance with probation on the defendant to investigate the details Presentence Investigation System and its contents do not have to conflict is a major issue. Therefore, sentencing data, all the litigants that appear in the courtroom to review them under the premise that an investigation by the sentencing stage of research to test or inspection required by the probation officer by the sentencing of research investigating the procedures in principle to the sentencing court at the trial as a necessary complement to the sentencing court belonging to the investigator to examine the sentencing data to be the most efficient way.

목차

Ⅰ. 서 론

Ⅱ. 양형책임규정 내지 예방원칙규정의 흠결과 양형기준의 정당성

Ⅲ. 양형자료조사제도의 입법화 논의 과정

Ⅳ. 판결전조사와 양형자료조사의 충돌

Ⅴ. 양형자료조사의 주체 - 양형조사관의 소속

Ⅵ. 결 론

키워드

양형 양형기준 양형자료조사 양형조사관 양형위원회 Sentence Sentencing Guideline Presentence Investigation Sentencing Investigator Sentencing Guidelines Commission