우리나라 양형기준에 대한 고찰

Korea's new sentencing guidelines, was first published in 2009, is accepted as a turning point of sentencing system. But based on the preparation period and the lack of data and limits as a new attempt, it is now indicated many controversial points and received modification requirements in many ways by many researchers. This article presents some suggestions for the current sentencing guidelines in the direction of improvement. First, it should be declared that the purpose and principle of sentencing are in legitimate implementation of responsibility. Of course, the purpose of the prevention, but prevention can be subsumed in a range of sentencing purpose, is only limited by the upper and lower limits of responsibility. But this problem is not only for sentencing guidelines but also for the Penal Code. Next, relatively low sentencing range, specially the recommendational area in under the sentence presented by the Penal Code and relatively wide sentencing area, which is pointed out by many researchers, seems to require certain reforming actions. It may be reviewed that segmentation of recommendational area or type of crime, showing the starting point of sentencing in the recommendational area etc. Furthermore sentencing gueidelines for the monetary penalty should be made immediately and the provision for 'discreational reduction by judge' should be amended. Lastly, with regard to the sex crimes sentencing guidelines, reductional factors like a 'considerable amount of deposit' or 'unwished for penalty should be reconsiderd with an aim of abolition of provision about 'requiring a formal complaint from the victim'.