양형으로서 사형의 정당성에 대한 검토

Analysis of Korean and Japanese standards related to the death sentence shows that the more specifically the standards of permission are examined, the fact that they stray from general characteristics is confirmed. In addition, many examination of offense factors are discussed related to the death sentence permission standard, but it can also be confirmed that examination of offense factors, like attitude before and after crime and character and conduct including criminal record that have no direct relation to the actual crime, are overtly involved. The biggest reason in particular why the death sentence cannot be seen as an examination of offense is because the rational examination of death sentence methods related to the examination of offense problem cannot be presented for the death sentence. In other words, a type of crime where a subjective factor of the accused like murder activates as an important exami- nation of offense factor cannot create accumulation of a database because it is differentiated from other types of crimes. This can easily be inferred by the fact that a rational examination of offense method of the death sentence has not been presented by anyone before in the academic world, and there is a low chance it will be presented in the future. It is clear we are now at a stage where the death sentence should be excluded from the range of examination of an offense. Whether or not the death sentence can be seen as examination of an offense or not is no longer a problem to be hesitant about. There is no case in any other country where the death sentence was altered and abolished according to the people’s sentiment or national situation. Therefore, the conclusion can be reached that the death sentence system can only be eliminated from a national punishment rule through a political decision by criminal lawmakers based on the recommendation of legal judgments of violation of the constitution. Fortunately, there is hope in that based on recommendation of legal judgments of violation of the constitution, criminal lawmakers have recently issued a death sentence abolishment bill and this problem is being reconsidered, but since the opinion of the administration, especially the Ministry of Justice, does not consider abolishment of the death sentence at all, and there are people who evaluate that not executing the death sentence encourages more murder and is a result of ignoring laws and rules, there is still much focus on discussions of the future of the death sentence.