집행유예제도의 개선방안에 대한 검토

Suspended sentence is defined as a type of criminal sanction under which a defendant is allowed to remain free in the community, subject to court-imposed conditions. If the defendant runs afoul of the law again or violates the imposed conditions, the suspended sentence may be revoked and the offender imprisoned. But, if criminal offender serve the suspension period without a major wrong doing while retaining their ordinary social life, that sentence is not realized. Suspended sentence is a widely used from punishment, primarily because it is cost-effective and humanitarian. It is usually given to first-time or minor offenders. Nowadays the trends of offender-treatment head forward community treatment because of labeling effects of imprisonment. Suspended sentence is one of this trend. In other words, suspended sentence adopted as a criminal policy in order to overcome the bad effects of imprisonment and to realize the ideals of rehabilitation as the goal of punishment. Recently suspended sentence in korean criminal law is revised. The important revised contents are requisite of suspended sentence, reasons for disqualification of suspended sentence, and reasons for cancel of suspended sentence. However, we are not satisfied with the application of our current criminal law as a criminal policy. That is to say, current suspended sentence system in korean criminal law is still far from the original intention of this system. Therefore korean suspended sentence should be expanded and our current criminal law should be revised in oder to accomplish the goal of suspended sentence system. In this point of view, the meaning and character of suspended sentence are reviewed and several improvement measures of suspended sentence are offered in this article.