아동성범죄 양형기준에 관한 비교 연구 - 영국의 아동성범죄 양형기준을 중심으로 -

Abstract

Sentencing guidelines of the Supreme Court are seeking to make sentences predictable, to limit unreasonable sentencing disparity and to make sentencing transparent. The importance of sentencing in the criminal justice cannot be overemphasized and fair and just sentencing is the essential part of the criminal justice. In spite of the importance of sentencing, it has been considered a matter of judges' discretionary decision with no special doubt and argument so far in Korea. Recently Sentencing Committee proposed specific sentencing guidelines for eight major crimes including child sex offenses which are concentrated on in this article. This article examines sentencing factors established in the sentencing guidelines for child sex offenses, and presents a comparative study focusing on sentencing guidelines for child sex offenses in England. It is found that England has her own way of categorization of child sex offenses which is different from that of Korea. However, sentencing factors developed in detail in England could be a useful reference for Korea to complement sentencing guidelines for child sex offenses. In conclusion, sentencing guidelines presented by Sentencing Committee should be actually used and continuously elaborated through comparative studies as exemplified in this article.