메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국형사법학회 형사법연구 형사법연구 제25권 제2호
발행연도
2013.1
수록면
243 - 270 (28page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
After conducting studies and analyses for two years, from 2007 to 2009, in April 2009, the Sentencing Guidelines Commission formulated sentencing guidelines for the crimes of homicide, bribery, sexual assault, robbery, embezzlement/breach of trust, perjury, and false charges and enforced the application of these sentencing guidelines to the related crimes as of July 1, 2009. The present study is very important, as it examines the present state of concrete sentencing judgments, at a point when the sentencing guidelines have been in effect for approximately four years, and it evaluates whether the sentencing guidelines have been properly observed since their enforcement, and whether the observance of the sentencing guidelines ensures the expected predictability of jurisdiction. To that end, the present study, centering on the judgments on the crimes of embezzlement/breach of trust out of the crime groups subject to the sentencing guidelines currently in effect, analyzes the actual conditions of sentencing by examining all first trial judgments applied according to the sentencing guidelines between July 1, 2009 and December 31, 2010. The present study intends to seek measures for enforcing the sentencing guidelines more efficiently by examining whether the intent and objectives of the introduction of the system were properly implemented in 2009 and evaluating the results of the enforcement by conducting an extensive analysis. The analysis focuses primarily on three matters in the sentencing guidelines that are in need of improvement. First, the sentencing guidelines for the selection of types of penalties in cases where the statutory punishments include several types of punishments, particularly in cases where personality servitudes and pecuniary punishments coexist, are necessary, as well as those for pecuniary punishments. Second, for the sentencing guidelines to be effective, actual binding force should be given to the sentencing guidelines. Third, the writing of the reasons for sentencing in written judgments should be compulsory. Furthermore, the way of writing the reasons for sentencing in written judgments should be unified to enable the post hoc verification/improvement of the sentencing guidelines, thereby ensuring greater transparency and objectivity in sentencing.

목차

등록된 정보가 없습니다.

참고문헌 (21)

참고문헌 신청

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0