범죄피해평가의 형사사법절차상 효과 분석 - 판례분석을 중심으로 -

Abstract

Since 2016, the police has been implementing the Victim Assessment System, which uses external experts to evaluate the victim’s damage in order to support victims suffering from crime. Several scholars have expressed concerns about the system as much as expected, but now it is positioned as a representative system of the police's victim support policy. The satisfaction of victims, the users, is high, and even some cases have been confirmed in determining the arrest or sentencing of suspects. However, only a few cases were insufficient to recognize the effect of the victim assessment system, especially the legal effect. In this study, in order to evaluate the effect of the victim assessment, the current status of the use of the victim assessment report in precedents was examined. It was expected that the stability of the effect could be confirmed by analyzing the frequency and method of using of the victim assessment report in the precedent. As a result of searching with the internet assess to judgment system, the victim assessment report was used as evidence in more precedents than expected. Among the 68 cases available for review, the victim assessment report was used as the basis for sentencing in most cases analyzed. In some precedents, it was also used as an evidence for judging facts, including judging elements such as mental injury or reinforcing the reliability of other evidences in cases where there was insufficient evidence. Various strategies were proposed to expand the target victims, strengthen the legal basis, and strengthen the effectiveness of the system for revitalizing the system that has been confirmed to be effective.