메스암페타민사범의 양형에 있어서 법적 요소와 법외적 요소의 영향
Legal and Extra-Legal Factors on the Length of Sentence for Methamphetamine Offenders in S. Korea
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초록
This study addresses the effects of legal and extra-legal factors on sentencing disparity among S. Korean methamphetamine offenders and evaluates the efficacy of the two major theoretical perspectives - the formal rationality versus substantive rationality - explaining the sentencing disparity. The data come from 「The Realities of Legal Disposal against Drug Criminals」(2002) by the Korean Institute of Criminology. This study is based on the analysis of 1,297 methamphetamine offenders. The result of analysis indicates, in terms of the coefficient of determination, the legal factors are much stronger than extra-legal factors in explaining sentencing disparity among methamphetamine offenders. More specifically,among legal factors, the positive effects of Number of accomplice, Type of drug crime, Continuity of crime, and History of repeated offenses were significant, while, among extra-legal factors, the positive effects of Denial of charge and Gender (Male) were significant. Therefore, this study concludes the formal rationality perspective is more effective in explaining the sentencing decision making practices of the Korean justice system, than the substantive rationality perspective.
Abstract
This study addresses the effects of legal and extra-legal factors on sentencing disparity among S. Korean methamphetamine offenders and evaluates the efficacy of the two major theoretical perspectives - the formal rationality versus substantive rationality - explaining the sentencing disparity. The data come from 「The Realities of Legal Disposal against Drug Criminals」(2002) by the Korean Institute of Criminology. This study is based on the analysis of 1,297 methamphetamine offenders. The result of analysis indicates, in terms of the coefficient of determination, the legal factors are much stronger than extra-legal factors in explaining sentencing disparity among methamphetamine offenders. More specifically,among legal factors, the positive effects of Number of accomplice, Type of drug crime, Continuity of crime, and History of repeated offenses were significant, while, among extra-legal factors, the positive effects of Denial of charge and Gender (Male) were significant. Therefore, this study concludes the formal rationality perspective is more effective in explaining the sentencing decision making practices of the Korean justice system, than the substantive rationality perspective.
참고문헌 (31)
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