법률적 양형의 기본원리와 방향

Sentencing process in criminal trial is very hard and difficult. The reason is in too many sentencing facts which can not be simplified and graded, and there has been no systematic estimation process and criterions. So the Korean Committee for the Enforcing the Reform of Criminal Justice System has made the Reform Drafts of the Courts Organization Act, the Criminal Procedure Law and the Probation Act in 2005. and Supreme court presented sentencing guideline which is being into practice from 2009/6 after long and hard research. This sentencing guideline can be evaluated the milestone for the reform of criminal trial. But there is much to be done at this guideline and the quantitative sentencing model has a basic limit which can not formalize the normative and argumentive structure of sentencing work. These critic aspect results from some problem that is involved in absence of modifing various laws and regulations. So to seek rational, perfect and systemic sentencing it must be preexisted to modify associated various laws and regulations. Korean Criminal Law has a statute consisting of 8 provisions from 51 to 58 related with weighing of an offense. This study is focused about basic rule about revision of Criminal law's provisions. and these effort will contribute present attention for improvement of extenuating circumstances in the examination of an offense.