양형의 법적 성격과 합리화 방안

Abstract

This article is about Sentencing, especially in Legal characteristics and problems of sentencing. The result of sentencing directly influences the freedom and rights of the defendant and further influence the public's confidence in the Judiciary : The greatest concern of a defendant who goes on trial is which penalty and how much he or she will get punished, not criminal theories or the composition of an offense. Accordingly, sentencing should be conducted under predictability and control ability, and should ensure appropriatences and uniformity. Sentencing is an issue organically involving law, theories and legal practice, and reasonable methods in sentencing require reviews on the legal characteristics of sentencing. Accordingly, improvements in practice not sentencing even though it may ensure the uniformity in sentencing. In summary, reasonable improvements of the sentencing issue should start from renouncing the traditional perspective that considers sentencing as judges direction within the statutory penalties. Based on the study ,legitimate and efficient institutions and plans should be made by identifying the realities and problems of sentencing in korea This study expects that sentencing will be one of the main subjects in criminal theories This article is composed of some chapters as fallow; Chap.1 Introduction Chap.2 Sentencing hazard existing Chap.3 Legal characteristics of sentencing Chap.4 Problems of sentencing as reasonable methods Chap.5 Reasonable Methods for Sentencing Chap.6 Conclusion