전직검사의 3분형법 - 008편 | 형벌의 종류를 알아보자 (제41조~제50조)

I'm Kim Gyu-hyun, a former prosecutor and current attorney. Today, we'll begin with Article 41. ===== Article 41 (Types of Punishments) The types of punishment are as follows: 1. Death penalty 2. Imprisonment 3. Imprisonment without prison labor 4. Loss of qualifications 5. Suspension of qualifications 6. Fines 7. Detention 8. Fines 9. Confiscation Article 42 (Period of Imprisonment or Imprisonment) Imprisonment or imprisonment may be for life or for a limited term, and the term shall be from one month to 30 years. However, if the sentence is increased for a limited term of imprisonment or imprisonment without prison labor, the term may be extended to 50 years. Article 43 (Sentencing and Loss of Qualifications and Suspension of Qualifications) ① A person sentenced to death, life imprisonment, or imprisonment without prison labor shall lose the following qualifications: 1. Qualifications to become a public official 2. Right to vote and be elected under public law 3. Qualifications for public law duties specified by law 4. Qualifications to become a director, auditor, or manager of a corporation, or an auditor or property manager related to the corporation's business 2. A person sentenced to fixed-term imprisonment or fixed-term imprisonment shall have the qualifications specified in subparagraphs 1 through 3 of the preceding paragraph suspended until the sentence is completed or exempted. However, if other laws provide special provisions, such laws shall apply. Article 44 (Suspension of Qualifications) 1. Suspension of all or part of the qualifications specified in the preceding Article shall be for a period of at least one year and not more than fifteen years. 2. If both fixed-term imprisonment or fixed-term imprisonment and suspension of qualifications are concurrently imposed, the suspension period shall commence from the date of completion or exemption of the imprisonment or imprisonment. Article 45 (Fine) The fine shall be at least 50,000 won. However, in cases of mitigation, the fine may be reduced to less than 50,000 won. Article 46 (Detention) Detention shall be for a period of one to thirty days. Article 47 (Fines) Fines shall be for a period of two thousand won to fifty thousand won. Article 48 (Subjects of Confiscation and Collection) ① The following items, which are not owned by a person other than the offender or which were acquired by a person other than the offender with knowledge of the circumstances after the crime, may be confiscated in whole or in part: 1. Items provided or intended to be provided for the commission of a crime. 2. Items created or acquired as a result of the commission of a crime. 3. Items acquired as compensation for items under subparagraph 1 or 2. ② If confiscation of any item under paragraph 1 is not possible, the value thereof shall be collected. ③ If a portion of a document, drawing, electronic record, or other special media record, or a negotiable instrument, is subject to confiscation, such portion shall be destroyed. Article 49 (Additiveness of Confiscation) Confiscation shall be imposed in addition to other punishments. However, even if the offender is not found guilty, if the requirements for confiscation exist, confiscation alone may be imposed. Article 50 (Severity of Punishments) ① The severity of punishments shall follow the order of each subparagraph of Article 41. However, in the case of life imprisonment and limited imprisonment, life imprisonment shall be deemed the heavier sentence. If the length of the limited imprisonment exceeds the length of the limited imprisonment, limited imprisonment shall be deemed the heavier sentence. ② Among punishments of the same type, the one with the longer term and the greater amount of money shall be deemed the heavier sentence. If the length of the term or the greater amount of money is the same, the one with the longer term and the greater amount of money shall be deemed the heavier sentence. ③ Except as provided for in Paragraphs 1 and 2, the severity shall be determined by considering the nature and circumstances of the crime. ===== [Inquiry] LKB&Partners Law Firm (Limited) | Attorney Kim Gyu-hyun 02-596-7339 (Paid Legal Consultation) [email protected] [Homepage] kimgyuhyun.com / kimprolaw.com ======================== 00:00 Prologue 00:17 Article 41 (Types of Sentences) 00:40 Article 42 (Period of Imprisonment or Detention) 01:18 Articles 43-44 02:07 Articles 45-47 03:23 Article 48 (Subjects of Confiscation and Additional Collection) 04:15 Article 49 (Additiveness of Confiscation) 04:44 Article 50 (Severity of Sentences) =======================