양형기준제도 시행효과에 대한 경험적 연구 : 횡령죄를 중심으로

Abstract

Korean Sentencing Guideline System(KSGS) was introduced in July 1st, 2009 Court Constitution Act, to control the judges’ discretion and to improve rational sentencing; 1) assuring severity of punishment and crime deterrence, 2) avoiding disparity and discrimination of sentencing. Since then, 32 crime categories are applied in KSGS. There are many disputes over KSGS in normative and empirical perspectives. The goal of this article is to investigate empirically on Impact on judges’ practices of Korean Sentencing Guideline on Embezzlement Crime. The data analysed in this study were obtained from sentencing in court of first instance in Korea, kept files in Prosecutorial Guideline System(PGS) of the Supreme Prosecutor’s Office. The data consists of a total of 5,251 of sentencing of Embezzlement sentenced between January 1, 2009 and December 31, 2013. We used cross-tabulation tables and ANOVA. The results indicate that the judicial decision to sentence such as prison/probation and length of the sentence imposed on Embezzlement are affected by offence severity(crime severity level) and occupational position of offender. When crime severity level is controlled, the occupational position of offender is negatively related to the sentence length. On the sentencing of the Embezzlement, length of the sentence of senior manager is lower than other occupational position. And we wish this study to contribute to the understand and explanation of sentencing of senior manager on Embezzlement in our society. From our study, it is implied that future research should attempt to develop a more considerable empirical study. And we wish this study to contribute to the understand and explanation of sentencing of senior manager on Embezzlement in our society. From our study, it is implied that future research should attempt to develop a more considerable empirical study.