현행 양형기준상 피해자관련 양형인자의 타당성 검토

Validity of Sentencing Factors Related to Victims Under Current Sentencing Guideline

The purpose of this study is to investigate validity of sentencing factors related to victims in the sentencing guidelines of Korea. The order and main contents of discussion are as follows. In Chapter Ⅱ the problems of sentencing factors of the existing sentencing guidelines as a recondition to consider sentencing factors related to victims in the sentencing guidelines were studied. As a result, the author suggested that the guidelines to differentiate special sentencing factors and general sentencing factors should be based on "criminal acts," and that distinction between acting factors and agent/other factors are insignificant. In Chapter Ⅲ the author classified the sentencing factors related to victims in the existing sentencing guidelines into sentencing factors related to criminal acts and sentencing factors related to elements other than criminal acts and prevention, for convenience of discussion. In Chapter Ⅳ each sentencing factor related to victims in the existing sentencing guidelines was assessed on the basis of the basic principles presented in Chapter Ⅱ, reviewed the detailed problems, and provided improvements.