범죄유형에 따른 형사조정 특성에 관한 경험적 고찰 : 폭행 및 상해, 사기 사건을 중심으로

This study aims to present techniques and clues to elevate the probability of reaching criminal mediation as well as to suggest matters to prepare in advance for criminal mediations by analyzing the results of criminal mediations according to the types of criminal offenses based on empirical data. Accordingly, the study analyzed record surveys of major cases where 20 cases were randomly extracted from criminal mediations conducted by the Criminal Mediation Committee under 58 district public prosecutor’s offices (including their branch offices) around the nation in 2011 and 2015; subsequently, the study summarized the procedures of criminal mediation by the types of criminal offences and dispositions following the mediations based on the analysis above and also presented improvement measures. First, the probability of reaching mediation for assault and bodily injury cases was higher than that of the entire criminal mediation cases; especially, the probability of reaching mediation for assault cases was found significantly high. Criminal mediation requires voluntary consent and participation prior to its petition, and when parties attend the mediation, more efforts need to be made to mitigate the conflicts between the parties as well as their emotional rage. It is also necessary to encourage proper settlements under the consideration of the possibility for additional monetary payments to arise from financial losses aside from the amounts for direct damages, anticipated damages and compensation for mental suffering with future aftereffects reflected. Moreover, the analysis showed that assault and bodily injury cases are very likely to end up having the settlement fulfilled following the completion of mediation, which can be useful when victims reluctant to trust assailants need to be convinced. Second, the study showed that the completion of mediation through criminal mediations significantly affects the dispositions made by the prosecutions. Its rate of non-prosecution was found higher than other cases, and the period of processing the cases of which mediation was completed was shorter than that of the cases of which mediation was failed where such period for assault or bodily injury cases was found particularly much shorter. Such findings allow predicting a variety of positive effects in addition to a time saving factor, and they serve the members of the Criminal Medication Committee as important information that can be utilized to explicate the significance and positive impacts delivered by the criminal mediation to involved parties; furthermore, they can be a useful tool to encourage involved parties to aggressively endeavor to complete the criminal mediation.