영국 반사회적 행동에 대한 대응제도의 시사점 – 형사 절차·처벌 유예제도에 대한 새로운 접근법 -

Implication of the UK-countermeasures to anti-social behaviour - a new approach to suspended criminal proceeding or punishment -

Since 1998, the UK tries to prevent serious crimes by doing that the Government introduced administrative, judiciary and commnunitybased countermeasures to an anti-social behaviour which enable for the Government to take effective actions to anti-social behaviour. That is to say, the Government puts forth an effort to prevent the becoming of the victim of serious crimes. Our system of suspended criminal proceeding or punishment doesn’t have powerful deterrence effect, because suspended proceeding has to be continued or the suspended sentence has to be executed at best even though the offender have not complied with a condition imposed. The CBO regime in the UK gives us a useful approach to find a method of improving our system of suspending criminal proceeding or punishment. That is to say, in certain cases we can punish the offender with more severe sentence if the offender have not complied with an imposed condition in case of conditional discharge.