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An Empirical Study on Factors that Exert Influence on the Sentence of Probation - Focused on Analysis of Written Judgements about Crimes against Food and Sanitation -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2016, 4(2), pp.205-228
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

MoonKwi KIM 1 Jeong, Cheol-Woo 2

1호서대학교
2경찰대학교 경찰학과

Candidate

ABSTRACT

The purpose of this study is to provide a fundamental materials to the criminal defendants for the better defending in a court. It might be helpful to know whether they were sentenced to be probation or not, so this study analysed the impacting factors to the probation. This study collect data of 91 written judgements about crimes against food and sanitation from 1970 to 2010. From these written judgements, variables such as the periods of imprisonment, deposition order, the income from crime, whether is the multiple offences or not, crime record, defendants regretting that could be the reasons of probation are collected. For this study, model of logistic regression was conducted. The result of this study showed that the defendants with multiple offence, crime record had the lower probability to be sentenced probation and those with regretting had the higher probability to be probation. And the judge regarded defendants’ regretting was the most important factor in deciding the probation. This study had some limitations-shortage of case, not including social economic variables. Nevertheless this study made valuable contributions in that it first attempted to quantify the impacting factors to the probation.

Citation status

* References for papers published after 2022 are currently being built.