KOREASCHOLAR

교정과 판결전조사제도 Correction and Presentence Investigation System

박영규
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矯正硏究 (교정연구)
제31호 (2006.06)
pp.169-187
한국교정학회 (Korean Society For Correction Service)
초록

The report of Presentence Investigation, usually conducted by a probation officer has several functions in judicial and correctional administration. Its main purpose is to serve the court in determining the sentence. The report also serves to aid the probation officer in supervision efforts during probation, parole, and supervised release Presentence Investigation System was originally developed in United States in which the court ordered the probation officer to investigate the information about the history and characteristics of the defendant. In 1988, the Presentence Investigation in the Probation Act in Korea, has been enforced only for the juvenile crime court. We now have to consider to introduce the Presentence Investigation system for all crime in other to assist the judge to determine the appropriate sentence. This Problem deals with the problems of our criminal procedure and the solution when we enact the Presentence Investigation system in our criminal procedure. Both the Judiciary and the Ministry of Justice should study to introduce the Presentence Investigation system for the people's equal right to have the proper sentencing in the criminal procedure.

목차
교정과 판결전조사제도
  Ⅰ. 머리말
  Ⅱ. 현황
  Ⅲ. 판결전조사제도 도입과 관련된 현행 형사소송절차상의 문제점
  Ⅳ. 맺는말
  Abstract
저자
  • 박영규(경기대학교 법과대학) | PARK, YOUNG-KYU