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A Study on the Introduction of a Suspension of Sentence in the Summary Order

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(3), pp.151-171
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : August 30, 2019

Lee John Girl 1

1전주대학교

Candidate

ABSTRACT

According to a criminal analysis by the Supreme Public Prosecutor's Office, a total of 1,824,876 crimes were committed in 2017. Among them, the number of offenders with criminal records exceeding fines stood at 811,653 accounting for 43.6 percent of the total. The proportion of criminals with criminal records has decreased year by year from 50.4 percent in 2008, down 6.8 percent over the past decade. Although the rate has decreased gradually, the rate of recidivism is still high. There are two procedures to be tried. It is a formal trial and summary procedure. The formal court allows the defendant to suspend his sentence or serve a suspended sentence when there is a reason for taking into account the circumstances of the defendant's alter ego. However, there is no penalty for sentencing in the summary procedure. This goes beyond the principle of equity. There is a moratorium on prosecution for very minor offenses. And there are suspended sentences or suspended sentences in formal trials. However, there is no grace system for the abbreviated ordinances located in the middle. Thus, the principle of equity is realized if the sentencing grace period, which has rarely been carried out, is transferred to the summary procedure. In addition, the imposition of probation is effective in preventing crime. In addition, the use of the sentencing grace system will be increased.

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