사회적 법익에 관한 범죄의 법정형의 문제점 및 개정방향

Abstract

The legislator determines the statutory penalty which itself must be respected. Determining the statutory penalty is a unique power of the legislator. The importance of the statutory penalty should be consistent from beginning to end of criminal code. When such consistency isn't in the criminal code, we can argue that the importance of the statutory penalty is right or isn't right. Among the statutory penalty in social legal interest, provisions causing imbalances of the crime and punishment are found in several places. Such provisions are particularly ones on the criminal negligence and offense aggravated by results of a crime. I suggest a way to solve these problems. The period of the imprisonment in the criminal code's has been determined such as 1 year, 3 years, 5 years, 7 years, 10 years and the amount of the monetary penalty in the criminal code's has been determined such as 5 million won, 10 million won, 15 million won. I think that when the legislator determines the statutory penalty, the legislator is no need to be dependent on a specific number.