양형기준제도가 중형적 양형에 미치는 영향분석

Korean Sentencing Guideline System(KSGS) 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, Sentencing guidelines have been extending to various crime categories. There are many disputes over impacts/effects of KSGS on sentencing overcomes with normative and empirical perspectives. After KSGS has been introduced, transparency in judges’ sentencing practices has indeed improved, however, little is known about the impact of KSGS. As more than 15 years has passed since the introducing of the guidelines, we attempted to analyze the impact of the Sentencing Guidelines on punishment. To explore the impact of the guidelines on sentencing outcomes, we has analyzed the trends and change of KSGS on punishment in Korea from 1988 to 2022. The data have compiled from official crime statistics, such as 'Analytical Report on Crime' by the Supreme Public Prosecutor's Office in Korea, and 'Juridical Yearbook' by the judicial administration. These formal statistics illustrate sentencing trends before and after the guidelines were introduced. To analyse these change/trends, we use Regression analysis to assess the factors that influence sentencing overcomes. Our analyses also were control for crime rate and indictment rate. The dependent variables include incarceration rate, incarceration rate without probation. The dichotomous independent variables(0=before, 1=after) include KSGS, and control variables are crime rate, indictment rate. Major findings of our analyses are as follows. Our initial findings indicate that (1) according to formal statistics, innocence rate and incarceration rate has increased from 2010 to 2022. (2) but incarceration rate are affected by indictment rate. The implementation of the guidelines have insignificant or negative effect on incarceration rate. We has found an increase in sentence severity; however, we do not find conclusive evidence pointing at the guidelines having caused it. These findings indicate that the implementation of the guidelines has mitigated sentencing severity. In general, there has been the controversial debates that the implementation of the guidelines lead to various sentencing overcomes. In this article/paper, we has reviewed and explored on impact of Sentencing Guideline. And we wish this study help to understand and to convince for more rigorous attention to Sentencing Guideline System in our society.