합리적 양형을 위한 양형자료조사제도 활용성의 제고방안

• 영문명: Improvement plan for the utilization of a sentencing factor investigation system
• 발행기관: 한국형사법학회
• 저자명: 김재희(Kim, Zae-hee)
• 간행물 정보: 『형사법연구』형사법연구 제23권 제2호, 285~310쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.02.28

영문 초록

To determine the sentencing corresponding to a specific issue in the sentencing process, the subject for sentencing and the method for sentencing are required. In other words, it is necessary to make visible, sentencing factors(sentencing conditions), the individual and specific elements which should be considered when deciding the sentence, and the sentencing standards for evaluating and judging those elements. To eliminate the distrust of the existing sentencing and strengthen the reliability of the judiciary, in addition this necessity, the Supreme Court organized the committee of sentencing, and prepared the Sentencing guidelines (the 1st Sentencing guidelines) for some crimes. And then, it decided to gradually expand the preparation for the Sentencing guidelines for other crimes. Reviewing the sentencing factors suggested in above Sentencing guidelines has intensified the burden of judges for hearing sentencing. The court has reviewed the introduction of the sentencing factors investigation system. First of all, the Supreme Court appointed the 1st inspectors and distributed them into some courts. However, in the middle of the process of introducing sentencing factors investigation system, a problem relating to the redundancy with the presentence investigation system of a probation officer, investigating the data to judge the suitability of the existing community treatment, arose. I see that, in conclusion, the sentencing factors investigation is dualized into the existing presentence investigation system and the sentencing factors investigation by the court investigators. The study aims to review the utilization of sentencing factors investigation system for rational sentencing, through the review of the problems of the present sentencing factors investigation system and, in particular, the presence of the conflicts of dual sentencing factors investigation system, by considering the meaning and the necessity of the sentencing factors investigation system in the sentencing guidelines system.

목차

Ⅰ. 들어가는 글

Ⅱ. 양형기준제에서 양형자료조사제도의 함의

Ⅲ. 현행 양형자료조사제도에 대한 검토

Ⅳ. 양형자료조사제도의 활용성 제고

Ⅴ. 나가는 글

[참고문헌]

[Abstract]

키워드

양형자료조사제도 판결전조사제도 법원조사관 양형기준 양형인자 Sentencing factors(sentencing conditions) investigation system Presentence Investigation system Court investigators Sentencing guidelines Sentencing factor