주취상태에서 강·폭력범죄자의 책임과 양형 분석 - 2012~2013 의정부경찰서 관내 발생사건을 중심으로 -

Abstract

The purpose of this research is to perform a scientific(quantitative) analysis of 1) the correlation between drinking and violent crimes and 2) how much intoxication caused by the drinking episode affects the assessment procedure of those cases. In order to achieve this, first, a review of the existing laws concerned with the criminal liability and the assessment of violent crimes caused in the state of intoxication, based on a general consideration for those types of crimes, was conducted. Second, a comparative analysis of 156 violent cases among all the arrest warrant-issued cases occurred in the district of Uijungbu Police Station during 2012-2013 was performed. These were separated into 5 categories (murder, robbery, sexual crime, violence, economic crime), and some cases that contained missing data among all warrant-issued ones were excepted from the analysis. This research was focused mainly on 2 aspects. First, how much the state of intoxication influences the occurrence of violent crimes (correlation between drunkenness and violent crimes); second, how intoxication caused by the drinking episode effects the assessment procedure of those cases (the issue of the assessment of violent crime caused in the state of intoxication). The following shows a summary of the main findings of this research. First, we found that the correlation between the state of intoxication and violent crimes was statistically significant. According to data, intoxication was reported to be involved in 31~63% of all violent crimes excluding robbery cases compared that it was 14% in economic crimes. It appears that the correlation between intoxication and robbery is relatively low since this type of crime needs a highly intentioned action. Second, the results of regression analysis of overall crimes showed that the state of intoxication lowered the level of punishment. Contrary to this, regression analysis of each type of crime indicated that intoxication did not appear to significantly affect on the degree of punishment of any type of crime except for the cases of both robbery and the crime of obstructing the performance of official duties.