Korean Sentencing Guideline(KSG) was introduced in July 1st, 2009 Court Constitution Act, to control the judges’ discretion and to improve rational sentencing; 1) assuring severity of punishment and crime deterrence, 2) avoiding disparity and discrimination of sentencing. Since then, sexual crime are applied in KSG. The purpose of this article is to investigate the effect of victim-related-factors on sentence length in sexual assault crime. The data analysed in this study were obtained from sentencing in court of first instance in Korea, kept files in Prosecutorial Guideline System(PGS) of the Supreme Prosecutor’s Office. The data consists of a total of 1,577 of sentencing of sexual assault crime sentenced between June 1, 2012 and June 30, 2014. We used ANOVA, Regression Analysis and Logistic regression analysis etc. The results indicate that victim’s intimate-family, crime-vulnerable victim, victim’s requests on criminal punishment have a significant effect on imprisonment sentencing length, although only victim’s requests on criminal punishment has in-out decision(probation/incarceration) in sexual assault crime. Such results seem to suggest that victim- related-factors are significant 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-related-factors on sentence in our society. From our study, we hope that future research should attempt to develop a more considerable model.
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