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국민참여재판에서의 축소사실인정 KCI 등재
Lesser Included Offense in Korea's Jury System
Korean citizen participate in trial. Two years have passed since the onset of participation. For the meantime, the performance is evaluate positively. The number of filings, the number of enforcement, has increased. The court has been fixed legal terms for the jury. In court we can see a fierce legal battle with prosecutors and lawyers. Also, criticism were reduced about the jury's sentencing opinion reflects the sentencing. There are so many things to be improved. In this case Judge decided lesser included offense. It was not judge's duty to decide lesser included offense. This situation gets different result by each case. In this case start it by robbery, but jury's verdict was acquittal. As part of the democratization of judicial dispute the meaning of the cases were considered to be unreasonable to fade. The first of these results, public participation in the trial, the jury's verdict did not get reflect by judicial officer. Second, if the prosecutor had made a preliminary statement or a written arraignment change, which could prevent these situations. This has violated the defendant's self defense and the judge did not give the jury the opportunity to make decision. Third, if the judge want to lesser included offense to be approval, a judicial officer should explain the (Jury Instruction) to the member of a jury.
사건개요
판결요지
주 문
양형의 이유
무죄부분
배심원 평결
소송의 경과
〔연구〕
I. 문제제기-사안관련 문제점
II. 국민참여재판의 제도적 모순
III. 공소장 변경과 축소사실인정
IV. 국민참여재판에서의 축소사실 인정
V. 결 론
[참고문헌]
[Abstract]
