• Title/Summary/Keyword: 양형

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A study on sentences of child and youth sexual crimes in south korea (한국의 아동·청소년대상 성범죄 양형분석연구)

  • Park, Yeon Ju;Han, Chang-Keun;Cho, Won Hee
    • Journal of the Korean Society of Child Welfare
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    • no.58
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    • pp.47-76
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    • 2017
  • This study aimed to examine how strictly child-related sexual crimes were sentenced in Korea. The target cases of the study included eight cases that were appealed to the Supreme Court between 2000 and 2015. The main findings of the assessment of the eight cases indicated that there were sentences with lower terms than laws regarding sexual crimes against children. While laws should be strictly applied to cases of sexual crimes against children, the level of penalty was found to be relatively generous compared to the applicable laws. In particular, the reason for the crimes, the lack of any history of sexual crimes by the perpetrator, the perpetrator's relationship with the child victim, forgiveness from the children, and regret of the perpetrator were found to reduce sentences. Comparatively, the exploitation of parent status, the accusation of the perpetrator, and the lack of mutual consent were factored in consideration of harsher sentences. The findings suggest that it is necessary to reexamine the levels of sentences related to sexual crimes against children.

Analysis on Determination of Punishment in Sentencing for Cases Involving Child Maltreatment Fatalities (아동학대 사망사건 판결의 양형 분석)

  • Chung, Ick Joong;Choi, Sun Young;Jeong, Su Jeong;Park, Na Rae;Kim, Yu Ri
    • Korean Journal of Social Welfare
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    • v.68 no.2
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    • pp.131-160
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    • 2016
  • In this study, we analyzed determination of punishment of victimizers presented in sentencing(81 plaintiffs, 95 sentencing) for 55 cases involving child maltreatment fatalities between 2001 and 2015. The results showed that about 40% of main victimizers were imposed relatively minor punishment such as probation or imprisonment for less than 3 years. Judgments that deviated from lower limit comprised large proportion in connection with compliance with standards for statutory punishment and punishment determination. The elements of punishment determination, such as earnest rearing of child, psychological pain arising from death of child, sense of guilt, motivation that can be considered, were found to have a significant influence on mitigation of punishment although such elements could be judged differently, depending on perception or subjective tendency of judges towards child abuse. Even abetters in a position to prevent death of child were imposed minor punishment mostly by probation or monetary penalty. This study presented the need to reconsider the circumstances of punishment determination which has been conventionally mentioned in cases involving child maltreatment fatalities, such as first offender, accidental crime, person with parental rights, fosters, agreement with family of the deceased, etc. Moreover, this study suggested the need to reinforce child abuse prevention training for law enforcement officers and to revamp standards for determining punishment unique to the cases of child abuse in the future.

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A Foundational Study on Developing a Structural Model for AI-based Sentencing Prediciton Based on Violent Crime Judgment (인공지능기술 적용을 위한 강력범죄 판결문 기반 양형 예측 구조모델 개발 기초 연구)

  • Woongil Park;Eunbi Cho;Jeong-Hyeon Chang;Joo-chang Kim
    • Journal of Internet Computing and Services
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    • v.25 no.1
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    • pp.91-98
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    • 2024
  • With the advancement of ICT (Information and Communication Technology), searching for judgments through the internet has become increasingly convenient. However, predicting sentencing based on judgments remains a challenging task for individuals. This is because sentencing involves a complex process of applying aggravating and mitigating factors within the framework of legal provisions, and it often depends on the subjective judgment of the judge. Therefore, this research aimed to develop a model for predicting sentencing using artificial intelligence by focusing on structuring the data from judgments, making it suitable for AI applications. Through theoretical and statistical analysis of previous studies, we identified variables with high explanatory power for predicting sentencing. Additionally, by analyzing 50 legal judgments related to serious crimes that are publicly available, we presented a framework for extracting essential information from judgments. This framework encompasses basic case information, sentencing details, reasons for sentencing, the reasons for the determination of the sentence, as well as information about offenders, victims, and accomplices evident within the specific content of the judgments. This research is expected to contribute to the development of artificial intelligence technologies in the field of law in the future.

Plea Bargaining as a Mean to Maximum Sentence (엄정한 양형을 위한 유죄인정감형제도의 활용)

  • Kim, Jungwook
    • KDI Journal of Economic Policy
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    • v.35 no.1
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    • pp.137-146
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    • 2013
  • This paper outlines the findings of a model of plea bargaining with multiple defendants, in which a prosecutor makes plea offer sequentially. It is shown that plea discount can be minimized with sequential offers and that not all of defendants shall be induced to plead guilty. By allowing sequential offer, a prosecutor has more power in the plea bargaining, which may increase social welfare by giving appropriate level of punishment to the guilty.

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