사후적 경합범에 대한 고찰

• 영문명: Sentencing on Multiple Convictions and Related Problems
• 발행기관: 한국형사판례연구회
• 저자명: 최병각(CHOI BYUNG GAK)
• 간행물 정보: 『형사판례연구』형사판례연구 제24권, 259~290쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.06.30

영문 초록

When a single act constitutes two or more crimes, the penalty for the most serious crime shall be imposed(the Criminal Act §40). But when it comes to sentencing a defendant with multiple convictions at the same trial, the sentence on each conviction shall be merged to the most severe sentence(death, life imprisonment) or the aggravated sentence by one half of the maximum term/amount(determinate imprisonment, deprivation of qualification, suspension of qualification, fine, confiscation), or the sentences for each crime(different penalty) shall be imposed separately(the Criminal Act §37, §38). And when the defendant is adjudicated as committing multiple convictions spilt by an earlier final judgment with imprisonment at the following trial, the sentence on remaining convictions shall be imposed by considering equity with sentencing all convictions at the same trial, and the sentence may be mitigated or exempted(the Criminal Act §37, §39 ①). If amnesty or remittal is granted to any crime of multiple convictions, the sentence on remaining convictions shall be determined de novo(the Criminal Act §39 ③). In the execution of punishment for multiple convictions, the period of sentence already served shall be taken into account(the Criminal Act §39 ④). Recently the supreme court delivered a judgment that the defendant may be benefited by sentencing on multiple convictions only when she or he is adjudicated at the same trial or there is a possibility of adjudicating at the same trial. But when the defendant committed crimes before and after a judgment with imprisonment is finalized, she or he should be sentenced according to the equity and by the discretionary mitigation or exemption because the sentencing on multiple convictions and its execution is based on the principle of pro reo.

목차

[대상판결] 대법원 2014. 3. 27. 선고 2014도469 판결

[연구]

Ⅰ. 들어가는 말

Ⅱ. 경합범제도와 사후적 경합범

Ⅲ. 사후적 경합범의 사건처리

Ⅳ. 대상판결의 분석

Ⅴ. 맺음말

키워드

경합범 사후적 경합범 양형 형집행 형벌완화 multiple convictions sentencing execution discretionary mitigation pro reo