지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
오류제보하기
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.
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.
목차
Ⅰ. 머리말
Ⅱ. 주취 강 · 폭력범죄에 대한 일반적 고찰
Ⅲ. 주취 범죄자의 책임능력과 양형
Ⅳ. 의정부경찰서 관내 주취 강·폭력범죄의 양형분석
V. 결어
【참고문헌】
【Abstract】
참고문헌 (21)
참고문헌 신청
이 논문과 연관된 판례 (4)
-
대법원 1992. 7. 28. 선고 92도999 판결
형법 제10조 제3항은 “위험의 발생을 예견하고 자의로 심신장애를 야기한 자의 행위에는 전2항의 규정을 적용하지 아니한다”고 규정하고 있는 바, 이 규정은 고의에 의한 원인에 있어서의 자유로운 행위만이 아니라 과실에 의한 원인에 있어서의 자유로운 행위까지도 포함하는 것으로서 위험의 발생을 예견할 수 있었는데도 자의로 심신
자세히 보기 -
대법원 1990. 4. 24. 선고 90도434 판결
피고인이 원심에 제출한 항소이유서에 범행 직전에 친구들과 소주를 약 7병 먹고 있었다고 진술한 대목이 있더라도 이러한 진술만으로는 심신미약의 주장을 한 것으로 볼 수 없다.
자세히 보기 -
수원지방법원 2009. 2. 18. 선고 2009고합6 판결
자세히 보기 -
대법원 2007. 7. 27. 선고 2007도4484 판결
자세히 보기
이 논문의 저자 정보
이 논문과 함께 이용한 논문
최근 본 자료
댓글(0)
0
UCI(KEPA) : I410-ECN-0101-2015-300-002739315