합리적 양형기준의 구축

Abstract

Since the establishment and application of the sentencing guidelines for murder crimes began in 2009, a total of 44 sentencing standards for crime types have been established or revised by the 8th Sentencing Committee over the past 13 years. And more than 90% of cases that are already subject to trial have sentencing standards. Now, it is necessary to explore the direction of the sentencing committee in the future and pursue righteous punishment and fair sentencing. Here is aimed to review some issues that need to be improved regarding the 'reasonable sentencing guideline' necessary to form a fair future of justice. First of all, based on the contents of the analysis of the application status of the sentencing guidelines, it is intended to analyze how the sentencing factors are actually affecting the application of the sentencing guidelines. Next will discuss whether the sentencing criteria should bind the court's judgment. This is because if the sentencing guideline does not bind the court, and it becomes a judicial practice to deviate from the sentencing guideline, it may not be necessary to establish the sentencing guidelines. In addition, the meaning of judges complying with the sentencing guidelines can be a criterion for evaluating the public's trust in judicial law. In addition, it is necessary to verify the validity of the grounds for considering probation. Until now, among the special sentencing factors, the mitigation factor has been recognized as a positive factor for probation, and the aggravated factor has been cross-applied as a negative factor. However, it is necessary to determine whether such cross-application is reasonable. This is also a matter of connection between the two. In addition, the possibility of establishing the selection criteria for imprisonment and fines should be studied. The criminal law selectively stipulates imprisonment and fines for most crimes. Therefore, it will be necessary to objectively ensure the predictability of what punishment criminals will be imposed. Finally, we will look at the problem of harmony with the day fines system. This is because it is difficult to harmonize with the day fines system that converts the amount of illegality into days if the upper and lower limits of fines are set while creating the penalty standard for fines. Through these studies, it is necessary to establish righteous punishment and fair sentencing, and to ensure the people's judicial trust through those.