집행유예기간중 범죄에 대한 집행유예의 제한

This paper addresses the restriction of suspended sentence to the offences committed during the period of suspension through examining supreme court's cases and related theories on suspended sentences. The article of suspended sentence of the criminal law was revised in July, 2005 in order to solve the legal problems risen under the old article. The revised article of suspended sentence is highly advanced in the perspective that it reflects various views including academics and in practice. However due to legal unclearness of the new article, the academics and the common practice have different interpretation whether another suspended sentence could be ruled to the new offence committed during the period of suspension. The essence of the suspended sentence system is to give the criminal opportunity to live a standard life in the community instead of imprisonment on the condition of obeying certain conditions during the period with warning that the original sentence will be immediately implemented as soon as committing another offence. Therefore it is reasonable from the view of the aims of suspended sentence that another suspended sentence should not be ruled to the new offence committed during the period.