강도상해범죄의 양형에 관한 경험적 연구: 제1기 양형기준 적용현황 분석

Abstract

This is an empirical study on sentencing toward robbers with injuring victims. Especially, this study is to analyze the status quo of application of the first Korean sentencing guidelines. The data are composed of 364robber cases with injuring victims which were sentenced by the first stage courts nationwide between July 1st, 2009 and September 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 two subtypes of robber cases (with injuring 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 special sentencing factors prescribed by the guideline such as minor or negligent injuring, existence of extenuating circumstances, assault/threat to avoid arrest, victim's intention for punishment, vulnerability of victims, serious injuring, abetting persons with command and general sentencing factors such as inactive participation, mentally and physically weak conditions (self-responsible),planned crime, serious criminal records were significant in predicting the length of sentence among robbers with injuring victims. Finally, we propose some reform measures for the first Korean sentencing guidelines based on the present analyses.