횡령·배임범죄 집행유예 결정기준의 적절성에 관한 경험적 검토

The purpose of this paper is to describe and examine the significant factors on in-out decision for embezzlement and misappropriation criminals as recognizing the lack of empirical research on in-out decision for them in S. Korea. The data were obtained from the Prosecutorial Guideline System (PGS) of the Supreme Prosecutors' Office in Korea. Based on the PGS data archive, a total of 4,991 available cases of embezzlement and misappropriation crime, sentenced between July 1, 2009 and March 31, 2013, were collected. Due to the dependent variable (in-out decision) which is dichotomous, logistic regression analyses were mainly employed. The results contain the frequencies of in-out decision factors in the sentencing guidelines and the likelihood to be sentenced out according to the predictors. The results are reported according to the three subtypes of embezzlement and misappropriation crime divided by the penalty ordinances. The finding indicates that the goodness-of-fits of the whole models are relatively poor even though there are many factors that are significant in predicting the in-out decision. Among socio-demographic factors, the effects of age and household income are fairly significant. The detailed policy implications for the Korean sentencing guideline system, especially for embezzlement and misappropriation criminals, are discussed in the context.