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양형기준제도의 피해자 관련요인이 양형결정에 미치는 효과분석 : 성폭력을 중심으로
기광도(Ki, Kwang-Do) 한국피해자학회 2015 被害者學硏究 Vol.23 No.1
Korean Sentencing Guideline(KSG) was introduced in July 1st, 2009 Court Constitution Act, to control the judges’ discretion and to improve rational sentencing; 1) assuring severity of punishment and crime deterrence, 2) avoiding disparity and discrimination of sentencing. Since then, sexual crime are applied in KSG. The purpose of this article is to investigate the effect of victim-related-factors on sentence length in sexual assault crime. The data analysed in this study were obtained from sentencing in court of first instance in Korea, kept files in Prosecutorial Guideline System(PGS) of the Supreme Prosecutor’s Office. The data consists of a total of 1,577 of sentencing of sexual assault crime sentenced between June 1, 2012 and June 30, 2014. We used ANOVA, Regression Analysis and Logistic regression analysis etc. The results indicate that victim’s intimate-family, crime-vulnerable victim, victim’s requests on criminal punishment have a significant effect on imprisonment sentencing length, although only victim’s requests on criminal punishment has in-out decision(probation/incarceration) in sexual assault crime. Such results seem to suggest that victim- related-factors are significant factors on sexual assault crime, although offence and offender factors are of primary importance. And we wish this study to contribute to the understand and explanation of effect of victim-related-factors on sentence in our society. From our study, we hope that future research should attempt to develop a more considerable model.
기광도(Ki, Kwang-Do) 한국피해자학회 2005 被害者學硏究 Vol.13 No.2
In spite of the importance of familial violence-delinquency relationship, there have been only a few systematic empirical studies on this relationship in Korea. The purpose of this study is to test empirically the effect of familial structure and relationship on delinquency mediated through children violence. In this study, familial structure and relationships operationalized as a composite variable of six indicators: father's educational attainment, mother's educational attainment, socio-economic status, family attachment, family problem, and spouses violence. Involvement in criminal behavior is measured for offences committed over past one year. It is indexed by three types of crime: vandalism, violent delinquency(e.g., physical fight, assault, and bodily injury), property delinquency(e.g., shoplifting, larceny, and burglary). The data used in this study are drawn from a self-reported survey conducted in Seoul, in 2000. The sample consists of a total of 1,012, middle and high school students aged between 12 and 21. To examine the family violence-delinquency relationships, we used ANOVA, multiple regression analysis, and path analysis. This research has addressed several issues concerning the victims of family violence and delinquency relationships. we conclude that significantly more children who were physically punished engaged in both violent crime and property crime. From our study, it is implied that future research should attempt to develop a more refined model on the victim effects.