상세검색
최근 검색어 전체 삭제
다국어입력
즐겨찾기0
162770.jpg
KCI등재 학술저널

재벌그룹 회장에 대한 집행유예의 선고

경합범가중처벌규정의 문제점을 포함하여 사회봉사명령의 개념에 대한 해석론

The original ruling took into consideration the fact that the accused was a Chaebol owner and applied the concurrent offence punishment provisions and the discretionary sentence reduction system to lower the inferior limit of the penalty, and passed a suspended sentence. In order to divert public criticism, the original ruling also ordered a huge payment as a social contribution fund as a means of a community service order according to article 62-2 of the penal code. But the Supreme Court construed the concept of a community service order in a restrictive manner as ‘work or manual labor that can be imposed by the hour up to 500 hours. As a result of this construction the Supreme Court reversed and remanded the original judgment that ordered the payment of a social contribution fund as a community service order. The original court maintained the suspended sentence by imposing a 300 hour community service instead of the original social contribution fund payment. Consequently the fairness of the examination of the offence was greatly impaired by lowering the inferior limit of the penalty to 3 years in a case in which the accused was proven guilty of 11 separate offences including one of which the penalty is stipulated as ‘life sentence or imprisonment for more than 5 years. This ruling disclosed the problematic issues of the concurrent offence punishment provisions and the discretionary sentence reduction system that grant judges excessive discretion on weighing penalties. It is also legislatively meaningful that the case raised issues on introducing new forms of ‘suspended sentence conditional orders such as fund payment orders or damage recovery orders.

Ⅰ. 서론

Ⅱ. 재벌그룹회장에 대한 사회봉사명령의 부과(해석론)

Ⅲ. 재벌그룹회장에 대한 집행유예의 선고(양형론과 입법론)

Ⅳ. 결론

로딩중