진술거부권과 양형

• 영문명: The Right to Remain Silent and Assessment of Penalties
• 발행기관: 한국형사정책학회
• 저자명: 박기석(ParkKiSeok)
• 간행물 정보: 『형사정책』형사정책 제15권 제1호, 139~153쪽, 전체 15쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.06.01

영문 초록

The right to remail silent must be guaranteed thoroughly as basic right of defendant. In reason of exercising the right to remain silent, the defendant must not sentenced and assessed with disadvantage of penalty. The supreme court sentences the defendant who exercises the right to remain silent with disadvantage of penalty. The reason is that the defendant who exercises the right to remain silent misleads criminal courts in errors. But these judgments are results of misunderstanding of the right to remain silent. The right to remain silent is basic right of Constitutional Law and the right must be guaranteed in any circumstances. The right to remain silent is not expedient to avoid being convicted crime. As polices and prosecutors interrogate any questions to the defendants, the defendants exercise the right to remain silent freely. So the right to remain silent must be guaranteed absolutely and purely in any circumstances.

목차

1. 서론

2. 학설의 내용과 평가

3. 판례의 내용과 평가

4. 결론

ABSTRAC