국민참여재판에서의 축소사실인정

• 영문명: Lesser Included Offense in Korea s Jury System
• 발행기관: 한국형사판례연구회
• 저자명: 이정민(Lee, Jung Min)
• 간행물 정보: 『형사판례연구』형사판례연구 제18권, 541~578쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

Korean citizen participate in trial. Two years have passed since the onset of participation. For the meantime, the performance is evaluate positively. The number of filings, the number of enforcement,has increased. The court has been fixed legal terms for the jury. In court we can see a fierce legal battle with prosecutors and lawyers. Also, criticism were reduced about the jury s sentencing opinion reflects the sentencing. There are so many things to be improved. In this case Judge decided lesser included offense. It was not judge s duty to decide lesser included offense. This situation gets different result by each case. In this case start it by robbery, but jury s verdict was acquittal. As part of the democratization of judicial dispute the meaning of the cases were considered to be unreasonable to fade. The first of these results, public participation in the trial, the jury s verdict did not get reflect by judicial officer. Second, if the prosecutor had made a preliminary statement or a written arraignment change, which could prevent these situations. This has violated the defendant s self defense and the judge did not give the jury the opportunity to make decision. Third, if the judge want to lesser included offense to be approval, a judicial officer should explain the (Jury Instruction) to the member of a jury.

목차

Ⅰ. 문제제기-사안관련 문제점

Ⅱ. 국민참여재판의 제도적 모순

Ⅲ. 공소장 변경과 축소사실인정

Ⅳ. 국민참여재판에서의 축소사실 인정

Ⅴ. 결론

키워드

국민참여재판 축소사실인정 공소장변경 준강도 강도 Jury Trial System in Korea lesser included offense alteration of the written arraignment constructive robbery robbery