강간죄의 양형기준제도 준수현황 및 개선방안

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 and researches on KSGS in normative and empirical perspectives. The goal of this article is to investigate on judges’ practices of Korean Sentencing Guideline on rape. 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 555 of sentencing of Rape sentenced between June 1, 2012 and June 30, 2014. We used Regression analysis and Logistic regression analysis. The results indicate that judges’ application rate KSGS on rape was 77.6% and accordance rate of sentence length of KSGS was 76.6%. Seriousness level of rape and sentencing factors of KSGS have a significant effect on sentencing length and in-out decision(probation). Such results rates seem to suggest that judges’ are accepting KSGS rather well. And we wish this study to contribute to the understand and explanation of Sentencing Guideline System in our society. From our study, it is implied that future research should attempt to develop a more considerable empirical study.