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Public perceptions of the reasons underlying sentence reduction for sex crimes against persons with intellectual disability

Abstract

This study examined public perceptions of the reasons underlying sentence reduction for defendants convicted of sex crimes against persons with intellectual disability. An online survey was conducted among 522 adults in South Korea. Respondent endorsement of 20 reasons underlying sentence reduction, which were embedded within the respective rulings, and the perceived appropriateness of statutory sentence for the crimes committed were assessed. The results showed that most respondents endorsed the sentence; moreover, those who disagreed underscored the need for more severe punishment. Almost all the respondents perceived the following reasons and explanations unfavorably: impulsiveness caused by sexual arousal or alcohol consumption; an accidental occurrence; and personal characteristics such as defendant age, health condition, socioeconomic status, developmental history, and family background. However, there was a relative agreement in that the damage caused by the incident was relatively minor, or the defendant’s reflection and attitude to recover the damage were used as reasons for the reduction. Differences in respondent perceptions of the reasons underlying sentence reduction as a function of gender and educational background were relatively small. However, younger respondents held harsher attitudes toward sentence reduction. The present findings underscore the need to be mindful of victims’ statements and the characteristics of persons with intellectual disability while sentencing.

keywords
지적장애인, 성폭력, 양형, 양형기준제도, 감경사유, persons with intellectual disability, sexual violence, sentencing, the reasons underlying sentence reduction, perception of public

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