• 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.

• Korean Journal of Social Welfare Studies
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• v.48 no.2
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• pp.71-95
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• 2017

This study aims (1) to identify whether real terms of imprisonment for sexual offenders against children are different between the first trial and appeal trial in 16 cases and (2) to assess which sentencing factors such as history of sexual crime of perpetrator, forgiveness of children, regretfulness of perpetrator, power of perpetrator, and relationship of perpetrator and victim influence sentencing period of imprisonment in the first and appeal trials, respectively. This study used cases which were prosecuted for sexual crimes against children since the protection act on the children and juveniles from sexual abuse was enacted in 2000. The target cases of the study include 8 first trials and 8 appeal cases which were appealed to the Supreme Court between 2000 and 2015. Result condition is the real term of imprisonment. Cause conditions include sentencing factors such as history of sexual crime, regretfulness, and power of perpetrator, forgiveness of child, and relationship between offender and victim. We employed Qualitative Comparative Analysis (QCA) for data analysis. We found that there are sentences in the first trial with lower terms than appeal trial regarding child sexual crimes. In addition, we found that (1) power of perpetrator and forgiveness of victim significantly influenced sentencing periods of imprisonment at levels of courts; (2) cause condition considered as comparatively more important in the first trial was regretfulness of perpetrator(but not in the appeal trial); and (3) relationship of perpetrator and child was not important in sentencing for sexual crime at both levels of trials.

• KDI Journal of Economic Policy
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• v.39 no.3
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• pp.1-18
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• 2017

The anchoring effect can be found when a decision shows cognitive prejudice towards the initial information given. Several studies have argued that such an effect is present even for judges in the courtroom. This paper seeks to find a relationship between judges' decisions on penalty sentences and the sentences recommended by prosecutors. In this study, 2,773 actual court cases are considered in the analysis, and quantile regression is used to show that the sentencing decisions judges make are anchored by the recommendations of prosecutors. However, this reliance on recommendations differs according to the seriousness of the crime committed. Specifically, at the lowest penalty levels, a one-month increase in the prosecutors' sentencing recommendation results in a 0.25-month increase in the judges' sentence, while at the highest sentence level, the judges' sentences increase by 0.78 months under an identical condition. The results of this research indicate the need to create more objective and clear sentencing guidelines in the future in an effort to mitigate the psychological pressure experienced by judges with regard to serious offences or heinous crimes.

• 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.

• Journal of Environmental Health Sciences
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• v.40 no.2
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• pp.157-170
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• 2014

Objectives: Agent Orange TCDD has been related to serious diseases among Korean veterans who were exposed to it. Decades after the end of the war, however, its effects are still being debated. The object of this study was to examine various unmet needs raised among Agent Orange exposed veterans and their families and to find grounds of a new welfare policy for providing alternative legislation. Methods: Literatures concerning Agent Orange, TCDD, the associated diseases, compensation for veterans and Supreme Court sentencing were searched using PubMed, ProQuest, press news and relevant homepages. Results: Agent Orange exposed veterans are eligible for various benefits from the government, including disability compensation for diseases associated with exposure. The Ministry of Patriots and Veterans Affairs has classified certain diseases into two categories, Agent Orange sequela diseases and sequela suspect diseases and has provided differential benefits based on separated laws. Big differences exist in benefits to veterans and their families between the two laws. The absence of definite standards to classify the Agent Orange associated diseases was confirmed by recent Supreme Court sentencing which ruled in favor of US manufacturers. Conclusion: It appears that the evidence for cause and effect of Agent Orange related diseases would never be perfect. The results suggest a need to change welfare principles from presumptive or indefinite disease basis to exposure experiences combined with integrated disability evaluation. We propose to extend eligibility by enacting a new law for Agent Orange exposed Korean veterans.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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• v.18 no.3
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• pp.407-414
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• 2020

Thermal decomposition of the uranyl phosphate mineral phase meta-ankoleite (KUO₂PO₄·3H₂O) has been considered in relation to high temperature thermal sintering for the immobilisation of a uranyl phosphate containing waste. Meta-ankoleite thermal decomposition was studied across the temperature range 25 - 1200℃ under an inert N₂ atmosphere at 1 atm. It is shown that the meta-ankoleite mineral phase undergoes a double de-hydration event at 56.90 and 125.85℃. Subsequently, synthetically produced pure meta-ankoleite remains stable until at least 1150℃ exhibiting no apparent phase changes. In contrast, when present in a mixed waste the meta-ankoleite phase is not identifiable after thermal treatment indicating incorporation within the bulk waste either as an amorphous phase and/or as uranium oxide. Visual inspection of the waste post thermal treatment showed evidence of self-sintering owing to the presence of glass former materials, namely, silica (SiO₂) and antimony(V) oxide (Sb₂O₅). Therefore, incorporation of the uranium phase into the waste as part of waste sentencing and immobilisation via high temperature sintering for the purpose of long-term disposal is deemed feasible.

• Korean Journal of Social Welfare
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• v.39
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• pp.128-156
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• 1999

Community Service Order is a program that holds a significant place in the system of probation. With its important role in the probation, there is an equally high expectation of the intervention from the program among the people which it serves. The problem lies in that people's understanding of the program is minimized to merely a volunteer-based social activity, which cause a division on how the program is to be run. The purpose of this research is to come up with a method that can efficiently organize the administrative plan to maximize its potentiality of the program. To adopt such a plan, "Sentencing to Service," an effective community service order program in Minnesota, U. S. A. was examined. An interview with the administrative staff, as well as a survey, using systematic sampling, with the participants was conducted to study the effective process and intervention of the program that has existed for fifteen years. The result concluded that "Sentencing to Service" is a successful program with the components of success being that of a positive support from the local community and high motivation level of the participants. In order for the program to be a positive experience for the participants, it is highly contingent upon the crew leaders. On the basis of the research findings, the following suggestions are made. First, a structured guideline for those who are involved in the program is necessary. Second, thorough training provided for the crew leaders are required and a social worker is recommended for the position of crew leader. Lastly, Community Service Order should not widen the net, but ought to serve as an alternative to incarceration.

• Korean Journal of Forensic Psychology
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• v.12 no.3
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• pp.251-277
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• 2021

The aim of this study was to verify the effect of gender and amount of criminal settlement on punitive judgment and responsibility judgment in a false rape allegation case. An online survey was conducted on 406 adult men and women and were randomly assigned to one of six experimental condition. The findings of this study are as follow. First, there was an interaction effect of the gender of the participant and the gender of the defendant in the punitive judgment and responsibility judgment except sentencing judgment. In other words, participants applied heavier punishment and sentencing judgments to the defendants of the opposite gender, while lighter punishment and sentencing judgments were applied to the defendants of the same gender. However, the amount of the criminal settlement did not have a significant effect on all dependent variables. In this study, we empirically examined how the gender of the participants, the gender of the defendant and the amount of the criminal settlement affect the judgment of the false allegation of rape case which has not yet been fully discussed in Korea. In addition, it is meaningful to see how the amount of criminal settlement, which has not been covered before, affects the perception of victims of sexual violence who demand criminal settlement. The implications and limitations of the study were also discussed.

• Journal of Families and Better Life
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• v.22 no.6 s.72
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• pp.177-189
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• 2004

The purpose of this study is to study the perceptions and attitudes of various married couples(non-violent couples, violent couples, indicted couples) on the Domestic Violence Acts, and collect opinions on the legal treatment of indicted couples, especially on Protection Orders and criminal punishment. The questionnaires included 542 couples residing in Pusan and 50 indicted couples in various major cities of Korea. The major results were as follows: First, couples in general understood well the Domestic Violence Acts, and their history of domestic violence did not affect their knowledge on the Acts. Second, the attitudes of the husbands on Domestic Violence Acts were affected by whether or not they had inflicted violence on their wives. Husbands who have a history domestic violence, but were not arrested and indicted had negative attitudes on the in- tervention of the police. They also did not want to call the police for assistance. However, they showed positive attitudes towards programs aimed at preventing domestic violence. Third, the attitudes of wives on Domestic Violence Acts were not associated with experienced domestic violence. Fourth, indicted couples felt that Protection Orders were necessary and they were willing to follow the Protection Orders set forth by public prosecutors. Victimized wives wanted another form of sentencing rather than a fine, and they wanted to have their opinions heard when their spouse was arrested and when sentencing took place.

• Korean Journal of Forensic Psychology
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• v.12 no.3
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• pp.323-341
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• 2021

This study examined public perceptions of the reasons underlying sentence reduction for defendants convicted of sex crimes against persons with intellectual disability. An online survey was conducted among 522 adults in South Korea. Respondent endorsement of 20 reasons underlying sentence reduction, which were embedded within the respective rulings, and the perceived appropriateness of statutory sentence for the crimes committed were assessed. The results showed that most respondents endorsed the sentence; moreover, those who disagreed underscored the need for more severe punishment. Almost all the respondents perceived the following reasons and explanations unfavorably: impulsiveness caused by sexual arousal or alcohol consumption; an accidental occurrence; and personal characteristics such as defendant age, health condition, socioeconomic status, developmental history, and family background. However, there was a relative agreement in that the damage caused by the incident was relatively minor, or the defendant's reflection and attitude to recover the damage were used as reasons for the reduction. Differences in respondent perceptions of the reasons underlying sentence reduction as a function of gender and educational background were relatively small. However, younger respondents held harsher attitudes toward sentence reduction. The present findings underscore the need to be mindful of victims' statements and the characteristics of persons with intellectual disability while sentencing.