The legal system designs different types of punishments based on the severity of the harm caused by different types of crimes and criminal behavior. It grants judges the discretion to consider the circumstances of each case and determine the type and degree of punishment within a certain range. The purpose of punishment is not only to make the offender aware of the consequences but also to rehabilitate them, enabling their reintegration into society and preventing recidivism.

Short-term imprisonment, also known as sentences of six months or less of imprisonment or detention, has several disadvantages. Due to the short duration of the sentence, it often fails to achieve the intended deterrence and rehabilitation effects before the offender is released. Additionally, societal bias against individuals who have been incarcerated makes it difficult for ex-offenders to reintegrate into society successfully. This creates challenges in their reintegration process.

Although Article 41 of the current Penal Code allows for fines to be imposed instead of imprisonment for offenses carrying a maximum penalty of five years of imprisonment, individuals who cannot afford to pay the fines end up serving short-term imprisonment, exacerbating the wealth disparity and leading to an unfair situation. It hinders the effective prevention of the drawbacks of short-term imprisonment. International criminal policy trends and domestic legal scholars agree that the execution of short-term imprisonment should be reduced, and alternative measures such as "community service" should be utilized. The United Nations made a similar resolution as early as 1960 regarding this matter.