집행유예기간 중의 재범에 대한 집행유예 선고가능성|RISS 상세보기

다국어 초록 (Multilingual Abstract)

Probation is to aim that by avoiding evil practices of confinement, so the accused return well to work and home. Korean Criminal Law prescribes the provisions for probation at the Art. 62(a requisite of probation and a reasons for disqualification), the Art. 63(a losing effect), the Art. 64(a cancellation of probation). It is one of the points of dispute in Korean Criminal Law if sentence of probation is possible for other crime during enforcing of probation.
It is a matter of common knowledge that the provisions for probation of Korean Criminal Law is amended on July 29 2005. Before revision of Korean Criminal Law, the Supreme Court in Korea was holding that probation for other crime is not allowed until the period of current probation ends, excepting only one special case. It is this case that for Para. 1 of Art. 62 of Korean Criminal Law it is under a handicap to the accused that individual case is pending in separate procedure than two cases are pending in the same criminal trial. The Supreme Court is holding same attitude after revision of Korean Criminal Law.
The core of argument about it is focused on translation for provision of a reasons for disqualification(Art. 62 of Korean Criminal Law). The Art. 62 of Korean Criminal Law provides reasons for disqualification of probation. I think it is right to admit probation for other crime during probation is enforcing. Although the period of probation for one crime does not end, it is obvious reason for probation that the accused fulfill a requisite of probation. If the accused satisfies a requisite of probation, sentencing of probation for the accused come up to essence of probation. Given this fact, it is desirable to abolish a reasons for disqualification. Taking a stand like this result in disproportion between one sentenced probation and the other sentenced imprisonment. But it is the problem that legislation have to settle.

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