새로이 도입된 벌금형집행유예제도의 시행상 문제점과 개선안

• 영문명: For successful enforcing of suspension of the execution of the sentence for the fine
• 발행기관: 한국형사정책학회
• 저자명: 윤동호(Yun, Dong-Ho)
• 간행물 정보: 『형사정책』刑事政策 第28卷 第2號, 65~82쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.09.30

영문 초록

Suspension of the execution of the sentence for the fine, which was introduced at 6. January 2016., will be enforced from 7. January 2018. Now suspension of the execution of the sentence was permitted for imprisonment with or without prison labor for not more than three years. According to the Criminal Act Article 62, in cases where a sentence of imprisonment with or without prison labor for not more than three years is to be imposed and there are extenuating circumstances taking account of the provision of the Criminal Act Article 51, the execution of the sentence may be suspended for a period of not less than one year but not more than five years. According to the Criminal Act Article 62-2, in the event that the execution of sentence is stayed, probation orders, social service orders or orders to take lectures may be made. This article points out problems caused by enforcing of suspension of the execution of the sentence for the fine and suggests improvements. First of all suspension of the execution of the sentence doesn’t permitted for the fine in summary proceedings. In summary proceedings, the case is adjudicated by a single judge on the basis of documentary evidence. Any defendant dissatisfied with the sentence imposed through this proceedings can request a formal trial, and the case is automatically referred for formal trial proceedings. In a case where a formal trial is demanded, no penalty more severe than that imposed by the summary order shall be pronounced. Criminal Law and Criminal Procedure Law must be amended for successful enforcing of suspension of the execution of the sentence for the fine.

목차

Ⅰ. 문제제기

Ⅱ. 약식명령에 의한 벌금형의 유예선고의 이론적 가능 여부 논란과 그 해소방안

Ⅲ. 서면심리에 의한 형의 유예 여부와 그 부수처분 판단의 어려움과 그 완화방안

Ⅳ. 급증이 예상되는 부수처분으로 인한 보호관찰관의 업무가중과 그 경감방안

Ⅴ. 결론

키워드

벌금형집행유예 징역형집행유예 약식절차 집행유예 선고유예 suspension of the execution of the sentence for the fine suspension of the execution of the sentence for imprisonment with or without prison labor summary proceedings suspension of the execution of the sentence suspension of imposition of sentence