상습범 가중처벌의 타당성 및 죄수판단에 대한 고찰

From mentioned-above, we contemplated about propriety of aggravated punishment on the habitual offender and judging number of crime in habitual offender. An my opinion about a provision of aggravated punishment on habitual offender can be summarized as follows. 1. Because there is no evidence that the punishment for habitual offender should be severely imposed than the punishment for normal crime in a point of view of a principle of liability, an aggravated punishment on habitual offender should be abrogated. However, antisocial and dangerous habitual criminals must be isolated in order to protect the public, and although the measurement of care and custody is required in order to help the habitual criminals to return to the society, it is proper to take the medical treatment and custody than the protective custody. 2. A habitual offender is either a comprehensive crime or several crimes. If the habitual offender qualifies requirements of a comprehensive crime, it is a comprehensive crime, and if it possesses essential conditions of substantive Konkurren, it becomes a substantive Konkurrenz, which is several crimes.