피해자와 가해자 관계가 양형에 미치는 영향분석:

• 영문명: The Effect of Victim–Offender Relationship on Sentenceof Rape Crime
• 발행기관: 한국피해자학회
• 저자명: 기광도(Ki Kwang Do)
• 간행물 정보: 『피해자학연구』제24권 제2호, 205~234쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.08.30

영문 초록

The purpose of this article is to investigate empirically the effect of victim–offender relationship on sentence severity of rape crime. The data analysed in this study were taken from the sentence files in court of first instance in Korea, kept in Prosecutorial Guideline System(PGS) of the Supreme Prosecutor’s Office. The data consists of a total of 477 of sentencing of rape crime sentenced between June 1, 2012 and June 30, 2014. We used ANOVA, Regression Analysis and Logistic regression analysis etc. The victim–defendant relationships were classified into three groups: family, acquaintance, and stranger, and sentence aspects were classified into sentence length, probation/incarceration, imprisonment length. The results indicate that victim–offender relationship and sentence severity were significantly related. Family offenders receive longer sentences than non–family offenders, and stranger offender receive longer sentences than acquaintance offenders. The victim–offender relationship have a significant effect on sentence length, in–out decision(probation/incarceration) and imprisonment sentencing length, after statistically controlling for factors, such as offense aspects and defendant’s prior criminal career. Such results seem to suggest that victim–offender relationship are significant sentence 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–offender relationship on sentence in our society. From our study, we hope that future research should attempt to develop a more considerable model.

목차

Ⅰ. 머리글

Ⅲ. 피해자–가해자 관계와 양형

Ⅲ. 연구설계

Ⅳ. 연구결과

Ⅴ. 맺음글

참고문헌

키워드

피해자– 가해자 관계 양형 양형기준제도 강간죄 성폭력 Victim– offender Relationship Sentencing Sentencing Guideline Rape Sexual Crime