절도범죄의 양형에 있어 법적요소와 법외적 요소의 영향

• 영문명: Effects of Legal and Non-Legal Variables on Sentencing Decision for Thieves
• 발행기관: 한국형사정책학회
• 저자명: 박미랑(Park, Mi-Rang) 이민식(Lee, Min-Sik)
• 간행물 정보: 『형사정책』刑事政策 第25卷 第1號, 35~57쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.04.30

영문 초록

While sentencing guidelines for violent crimes have been set up in the first version of sentencing guidelines in 2009, a category of theft has been set up in 2011. Since the first sentencing guidelines, the agreement of necessary of empirical study on evaluation of sentencing guidelines led scholars explored researches about the validity of sentencing guidelines. However, the theft was not examined yet due to the late application. The purpose of this study is to examine the predictive power and sentencing variance of sentencing guidelines for thieves. Therefore we mainly tested the power of prediction of sentencing guidelines using descriptive statistics and OLS regression. In addition to the analysis of sentencing guideline of theft, we inserted additional significant variables such as legal variable, case processing variable, and extra-legal variables on the regression models. For this purpose, we selected 851 theft cases which were entered on Prosecutorial Guideline System (PGS) from July 1, 2011 to November 30, 2011. The results indicate that the power of prediction of theft sentencing guidelines could be enhanced as finding new significant variables related to case processing factors and extra-legal variables. According to the additional regression models, seriousness of crime, criminal career, and case processing factors, and extra-legal factors including sex, employment, criminal motivation for living were significant to explain the variance of sentencing outcomes for thieves. Detailed discussion and policy implication will be discussed in the context.

목차

Ⅰ. 들어가기

Ⅱ. 이론적 배경

Ⅲ. 연구방법

Ⅳ. 연구결과

Ⅴ. 결론 및 정책적 함의

참고문헌

Abstract

키워드

절도 양형 가이드라인 범죄 심각도 범죄 경력 법적 변수 법외적 변수 theft sentencing guidelines seriousness of crime criminal career legal variable extra-legal variable