집행유예에 관한 판례 동향과 개선방안

Precedent Tendency and Improvement Scheme on the Probation

&nbsp;&nbsp;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>&nbsp;&nbsp;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>&nbsp;&nbsp;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>&nbsp;&nbsp;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&quot;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.