살인범죄 양형요인 성차 연구: 피해자 남녀 집단 중심으로

초록

The purpose of this study was to examine gender differences in the sentences given to convicted homicide offenders in the Seoul District Court, South Korea. The focal concern theory, conflict theory, and chivalry hypothesis were employed to develop the research hypotheses and models. The subjects of this study are 232 cases in which a verdict was imposed between 2012 and December 2023. The cases were limited to those involving a single perpetrator and a single victim. The results of the analysis show that there are differences in the factors that influence the sentencing of homicide offenders based on the victim's gender. The seriousness of the offense, premeditation, and the use of brutal methods all have a significant positive effect on sentencing for both male and female victim groups. However, in cases involving culpable male victim, offenders are less likely to receive severe sentences. Non-support for punishment and self-reporting have a significant negative effect on sentencing, but only for offenders who have killed women. The results also indicate that a closer relationship between the female victim and the offender is associated with less severe sentencing. The implications of these significant findings for the justice system are explored. The limitations of the study are discussed.

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