동시재판의 가능성과 집행유예기간 중의 집행유예의 선고

Abstract

Probation is a system that Judge convicts a person of a crime, simultaneously suspend a condemned man under the some conditions. Probation is a system for overcoming an abuse of short free punishment, also for promoting a chance of the accused’s returning to society. The Supreme Court has read , In translating criminal Law § 62 (1)’s conditional articles, the meaning of “the person to be sentenced punishment” means as a general rule a man who is convicted of not only imprisonment but also Probation. Therefore it is impossible to give a criminal a suspended sentence a person who is during probation because of another separate crime, but if there is a possibility of simultaneous trial between crime concerned(A) and another separate crime(B), exceptionally it is possible to give a probation . But I think that this attitude of the Supreme Court is not reasonable. Criminal Law § 62 (1)’s conditional articles must be translated as to only imprisonment for the accused according to the spirit of “In dubio pro reo”. Therefore it is possible to give the accused who is during probation because of another separate crime a probation.