KDI 한국개발연구원 - KDI 연구 - 한국개발연구



KDI연구원들이 각 분야의 전문보고서를 제공합니다.



Anchoring Effect of the Prosecutor’s Demand on Sentence: Evidence from Korean Sexual Crime Cases

요약 The anchoring effect can be found when a decision shows cognitive prejudice towards the initial information given. Several studies have argued that such an effect is present even for judges in the courtroom. This paper seeks to find a relationship between judges’ decisions on penalty sentences and the sentences recommended by prosecutors. In this study, 2,773 actual court cases are considered in the analysis, and quantile regression is used to show that the sentencing decisions judges make are anchored by the recommendations of prosecutors. However, this reliance on recommendations differs according to the seriousness of the crime committed. Specifically, at the lowest penalty levels, a one-month increase in the prosecutors’ sentencing recommendation results in a 0.25-month increase in the judges’ sentence, while at the highest sentence level, the judges’ sentences increase by 0.78 months under an identical condition. The results of this research indicate the need to create more objective and clear sentencing guidelines in the future in an effort to mitigate the psychological pressure experienced by judges with regard to serious offences or heinous crimes.

가입하신 이동통신사의 요금제에 따라
데이터 요금이 과다하게 부가될 수 있습니다.

파일을 다운로드하시겠습니까?
KDI 연구 카테고리