상습범과 공소권행사

Abstract

Prosecution on the Habitual OfenceChoi, Byung­GakThe habitual offenders are exposed to a dual system of extended sentence and preventive detention(Sicherungsverwahrung) in Korea. If it is evaluated as a revelation o f p r o p e n s i t y t o t h e c r i m e , o n l y o n e a c t m a k e s a n h a b i t u a l o f ence. But in most cases the habitual offence is composed of multiple acts. So to speak plural acts are integrated as an inclusive singular ofence.When the prosecutor finds out some acts of the defender belong t o t h e s a m e habitual offence already charged, in principle he ought to add them in the way of amendment of information. But if the prosecutor wrongfuly bring a double charge in such a case, the court should clarify the meaning of aditional prosecution and