Earticle

초록

영어

The main purposes of this study is to analyze the application of sentencing guideline for false accusation. The 901 cases of false accusation offenses which were sentenced from July 1, 2009 to December 31, 2010 are analyzed. Based on an analysis during 18 months after the implement of the 1st sentencing guideline, there was no radical changes on sentencing practices. The 486 offenders are sentenced to jail, 134 offenders are punished with a fine. Among 486 offenders who are sentenced to jail, 406 offenders are a stay of execution. Current sentencing guideline system, however, has its own limits, in that it has not yet provided guidelines on fine. Moreover, the guideline system is not compatible with sentencing principles of the Criminal Act. There lacks clarity in the definition of sentencing factors on offence and on offender. This may not justify the principle that sentencing factors on offence shall has priority over those on offender. Even though this sentencing standards are advisory, the fact that the announcement of this standards make many people have a norm in sentencing and by doing so it is expected to bring gradual changes in a good way.

목차

Ⅰ. 서론
 Ⅱ. 무고범죄에 관한 양형위원회의 양형기준
 Ⅲ. 무고범죄군의 선고형량 분석
 Ⅳ. 양형기준의 준수와 양형인자의 중요도 평가
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 황만성 [ Hwang, Man-Seong | 원광대학교 법학전문대학원 교수, 법학연구소 연구위원, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340