피해자 관련적 양형인자에 대한 비판적 고찰

A Review on Sentencing factors in relation to Criminal Victim

Since the Sentencing Commission established sentencing guidelines for Homicide in 2009, it has passed for ten years. During last 10 years, the Sentencing Commission has made effort to set up reasonable and appropriate sentencing factors for every crimes as well as to establish system for extenuating circumstances in the examination of an offense. Meanwhile, the restorative justice which emphasize restoration and reconciliation with offender and victim including community has been focused in criminal procedure at the same time. As the results, it is inevitable that sentencing factors have to reflect the spirit of restorative justice and to engage both criminal victim’s intention for offenders whom were harmed by offenders and repentant attitude of offenders who committed crimes to victims. So our sentencing factors have many criminal victim-related factors already, for example criminal consensus, victim’s desire not to punish offender, criminal deposit. offender’s sincere effort to recover victim from damage by crime, etc. But these sentencing factors have not been arranged systematically up to now. So to systemize the sentencing factors in relation to criminal victims is the purpose in this paper. And at the same time this study aims to research new or reorganizes sentencing factors related victims which abide by so called the principle of double evaluation prohibition, that means the factors which are used for selecting criminal provision should not be considered as sentencing factors.