합리적 양형을 위한 양형조사제도 활용성의 제고방안

To determine the sentencing corresponding to a specific issue in the sentencing process, the subject for sentencing and the method for sentencing are required. In other words, it is necessary to make visible, sentencing factors(sentencing conditions),the individual and specific elements which should be considered when deciding the sentence, and the sentencing standards for evaluating and judging those elements. To eliminate the distrust of the existing sentencing and strengthen the reliability of the judiciary, in addition this necessity, the Supreme Court organized the committee of sentencing, and prepared the Sentencing guidelines (the 1st Sentencing guidelines) for some crimes. And then, it decided to gradually expand the preparation for the Sentencing guidelines for other crimes. Reviewing the sentencing factors suggested in above Sentencing guidelines has intensified the burden of judges for hearing sentencing. The court has reviewed the introduction of the sentencing factors investigation system. First of all, the Supreme Court appointed the 1st inspectors and distributed them into some courts. However, in the middle of the process of introducing sentencing factors investigation system, a problem relating to the redundancy with the presentence investigation system of a probation officer, investigating the data to judge the suitability of the existing community treatment, arose. I see that, in conclusion, the sentencing factors investigation is dualized into the existing presentence investigation system and the sentencing factors investigation by the court investigators. The study aims to review the utilization of sentencing factors investigation system for rational sentencing, through the review of the problems of the present sentencing factors investigation system and, in particular, the presence of the conflicts of dual sentencing factors investigation system, by considering the meaning and the necessity of the sentencing factors investigation system in the sentencing guidelines system.