소년형사사건의 심판에 있어서 특례조항에 대한 검토- 소년법 제56조 내지 제67조를 중심으로 - (A study on the special provision related to criminal cases involving a juvenile - Focusing on the contents from article 56 to article 67 of the Juvenile Act -)

서지정보

· 발행기관 : 한국소년정책학회
· 수록지 정보 : 소년보호연구 / 18권 / 127 ~ 155페이지
· 저자명 : 박찬걸

초록

The court, prosecutor and police must consign that the investigator of the juvenile case investigate necessary matters related to criminal cases involving a juvenile. And in the event a criminal case involving a juvenile is related to other criminal cases, the trial procedures of the juvenile case shall be conducted separately from the other case if such treatment does not obstruct the trial.
Death penalty or life sentence to a juvenile who was less than 18 years old when the crime was commited, shall be reduced to 15 years of imprisonment. But the revised legislation dated in April 15, 2010 on sentence for imprisonment for a definite period could be the maximum term shall not exceed 30 years. So dath penalty or life sentence to a juvenile who was less than 18 years old when the crime was commited, will have to revise the upward realignment. Also, In case where a juvenile commits a crime punishable by imprisonment of a limited term of two or more years, a sentence shall specify the maximum and minimum terms within the scope of such term of punishment. Provided, That the maximum term shall not exceed ten years, and the minimum term shall not exceed five years.
A sentence of detention in a labor house under provisions of Article 70 of the Criminal Act shall not be rendered against a juvenile who is less than 18 years old. Provided, That when detention is served prior to sentencing the judgement or measures as stated in Article 18 (1) 3 have been taken, the period corresponding to the period of detention or consignment shall be regarded as days of detention in a labor house at a workhouse and the provisions of Article 57 of the Criminal Act may be applied thereto. A juvenile who has been sentenced to imprisonment or imprisonment without prison labor and who has served the following periods may be provisionally released. 1. Five years in case of life sentence, 2. Three years in case of imprisonment for a limited term of 15 years, and 3. One third of minimum term of an indeterminate sentence. When Acts and subordinate statutes on qualification are applicable to juvenile, if their sentnece has been executed or discharged, it shall in the future be presumed that no sentence has been rendered.

영어초록

The court, prosecutor and police must consign that the investigator of the juvenile case investigate necessary matters related to criminal cases involving a juvenile. And in the event a criminal case involving a juvenile is related to other criminal cases, the trial procedures of the juvenile case shall be conducted separately from the other case if such treatment does not obstruct the trial.
Death penalty or life sentence to a juvenile who was less than 18 years old when the crime was commited, shall be reduced to 15 years of imprisonment. But the revised legislation dated in April 15, 2010 on sentence for imprisonment for a definite period could be the maximum term shall not exceed 30 years. So dath penalty or life sentence to a juvenile who was less than 18 years old when the crime was commited, will have to revise the upward realignment. Also, In case where a juvenile commits a crime punishable by imprisonment of a limited term of two or more years, a sentence shall specify the maximum and minimum terms within the scope of such term of punishment. Provided, That the maximum term shall not exceed ten years, and the minimum term shall not exceed five years.
A sentence of detention in a labor house under provisions of Article 70 of the Criminal Act shall not be rendered against a juvenile who is less than 18 years old. Provided, That when detention is served prior to sentencing the judgement or measures as stated in Article 18 (1) 3 have been taken, the period corresponding to the period of detention or consignment shall be regarded as days of detention in a labor house at a workhouse and the provisions of Article 57 of the Criminal Act may be applied thereto. A juvenile who has been sentenced to imprisonment or imprisonment without prison labor and who has served the following periods may be provisionally released. 1. Five years in case of life sentence, 2. Three years in case of imprisonment for a limited term of 15 years, and 3. One third of minimum term of an indeterminate sentence. When Acts and subordinate statutes on qualification are applicable to juvenile, if their sentnece has been executed or discharged, it shall in the future be presumed that no sentence has been rendered.

참고자료

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