바람직한 양형기준의 방식

초록

The Revised Court Constitution Act 2007 in Korea introduced the new system of the sentencing committe and sentencing guideline. The Korean Sentencing Committe which was organized in April 2007, must make a sentencing guideline by the end of January 2009. Now a days there are much disputes about what type of sentencing guideline the Korean Sentencing Committee should adopt. The disputes are on the whole divided two categories. The one is asserting to introduce the american type of sentencing guideline of which the characteristics is comprehensive for all crimes and mathamatical. The other is asserting to introduce the english type of sentencing guideline in which the sentencing guideline are made for individual crime and the sentencing grade is not so strict as in american type of sentencing guideline. The important difference between two types is that the former permits much less discretion of the judge compared with the latter. The purpose of this article is to suggest which type of sentencing guideline should be introduced into Korea. The contents of this article is as follows. Ⅰ. Introduction Ⅱ. The Important Things to Consider Ⅲ. The Possiblilty of Introducing Two Types of Sentencing Guideline Ⅳ. The Desirable Type of Sentencing Guideline Ⅴ. Conclusion The conclusion of this article is as follows; On the whole, the american type of sentencing guildeline is more desirable than english type and it is more desirable to make the sentencing guideline for individual crime as in England than to make a comprehensive sentencing guideline as in America.

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