지적장애인 대상 성폭력 사건의 양형과 감경사유: 판례분석을 중심으로

The sentencing guideline system is being implemented for the purpose of improving the equality and appropriateness of sentencing and promoting public confidence in the judicial law. This study has been conducted to identify sentencing categories (reduction, basic, weighted) applied in sex offenses against persons with intellectual disabilities (13 years of age or older), and to determine the factors relating for reduction in sentencing affects the sentencing. Overall, 67.3% were sentenced to within the sentencing range, 31.5% did not reach the lower limit of the sentencing range. “The victim does not want the defendant punishment” was found as the most reason for the reduction sentence. In addition, it was found that ‘absent of serious damage’, ‘insanity’, ‘absence of similar criminal records’, ‘The serious apology’ and ‘the defendant’s disabilities’ had been significant effect on reducing sentencing. Although not frequently considered as reasons for reduction, the age and health status of the defendant, socioeconomic status were also found to be used as reasons for the reduction of sentencing. In some cases, the reduction was made in that sex crimes were caused by defendants’ sexual impulses or by alcohol.