The probation is the system that, in case of that the court gives decision of a conviction on indicted case, it gives suspension of a sentence during given time under given conditions and with the passage of given time, the effect of decis...
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https://www.riss.kr/link?id=A76441917
2008
-
361
KCI등재
학술저널
295-317(23쪽)
0
상세조회0
다운로드다국어 초록 (Multilingual Abstract)
The probation is the system that, in case of that the court gives decision of a conviction on indicted case, it gives suspension of a sentence during given time under given conditions and with the passage of given time, the effect of decis...
The probation is the system that, in case of that the court gives decision of a conviction on indicted case, it gives suspension of a sentence during given time under given conditions and with the passage of given time, the effect of decision becomes invalid.<BR> We can expect this system to prevent a offender from committing a crime again because it removes the abuse of short-term imprisonment and frightens a offender into executing a sentence in case of committing a crime again.<BR> However, in practice, because people as well as the parties on a suit think that there exists a huge gap between the prison sentence and probation, the probation is controversial in that it only focuses on avoidance of imprisonment and brings discredit on court as a result.<BR> Hence, the writer examines the latest trend of precedents and states the remedies of the current probation. That is, 1) the court necessarily sentences a offender to probation in case of sentencing him to short-term imprisonment under six months, 2) in case of sentencing a offender to probation on condition that he recovers damages for a victim, if a offender don"t recover damages for a victim, the court annuls a decision of probation, 3) the court sentences a offender who is on probation to probation again through the revision of criminal law and 4) in case of sentencing a offender to amercement, the court can sentence him to probation.
목차 (Table of Contents)