13세 이상 대상 강간죄의 양형에 관한 경험적 연구: 제1기 양형기준 적용현황 분석
The First Korean Sentencing Guidelines and Sentencing toward Forcible Rapists with Over-Thirteen Aged Victims
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초록
This study is an empirical study on sentencing toward forcible rapists with over-thirteen aged victims. Especially, this study is to analyze the status quo of application of the first Korean sentencing guideline. The data are composed of 386 forcible rape cases with over-thirteen aged victims which were sentenced by the first stage courts nationwide between July 1st, 2009 and June 30th, 2010. The data come from the Prosecutorial Guideline System of the Korean Supreme Prosecutors' Office. The results are presented about the distribution features of sentence by the three subtypes of forcible rape cases with over-thirteen aged victims, the correspondence rate of the guideline, the frequencies that specific sentencing factors were adopted, and the individual and relative influences of the factors, etc. The results of multiple regression analyses show that the effects of general descension factor such as ‘no criminal record,’ special ascension factors such as ‘crime prescribed by a special law related to sexual assaults,’ ‘victim’s pregnancy,’ ‘some repeated offenses,’ and general ascension factor such as ‘intentional crime’ were significant in predicting the length of sentence among Korean forcible rapists with over-thirteen aged victims.
Abstract
This study is an empirical study on sentencing toward forcible rapists with over-thirteen aged victims. Especially, this study is to analyze the status quo of application of the first Korean sentencing guideline. The data are composed of 386 forcible rape cases with over-thirteen aged victims which were sentenced by the first stage courts nationwide between July 1st, 2009 and June 30th, 2010. The data come from the Prosecutorial Guideline System of the Korean Supreme Prosecutors' Office. The results are presented about the distribution features of sentence by the three subtypes of forcible rape cases with over-thirteen aged victims, the correspondence rate of the guideline, the frequencies that specific sentencing factors were adopted, and the individual and relative influences of the factors, etc. The results of multiple regression analyses show that the effects of general descension factor such as ‘no criminal record,’ special ascension factors such as ‘crime prescribed by a special law related to sexual assaults,’ ‘victim’s pregnancy,’ ‘some repeated offenses,’ and general ascension factor such as ‘intentional crime’ were significant in predicting the length of sentence among Korean forcible rapists with over-thirteen aged victims.
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