교제폭력 집행유예 선고 판결문 분석: 피해자 보호와 제도 개선을 중심으로

초록

This study examines the characteristics of dating violence cases and judicial decision-making trends by analyzing 149 first-instance court judgments involving suspended sentences over the past three years (between 2022 and July 2025), with the aim of deriving implications for victim protection and institutional reform. Data were collected from the Supreme Court Integrated Legal Information System and a private legal database. Quantitative and qualitative analyses were conducted on case characteristics, sentencing results, ancillary dispositions, and sentencing considerations. The results indicated that the majority of victims were women, most frequently in their 20s and 30s, although cases involving victims in their teens and 60s were also identified, indicating incidents are not confined to a specific age group. The violence encompassed overlapping emotional, physical, sexual, and economic violence. It was found that the victim's autonomous decision (e.g., ending a relationship or refusing reconciliation) escalated into violence when combined with the offender's desire for control. A substantial proportion of cases were multiple indictments, and patterns of repeat offending and accumulated criminal histories were observed. In the sentencing consideration, mitigating factors in favor of the defendant (e.g., being a first offense, acknowledgment of facts and remorse, and victim’s unwillingness to pursue punishment or having reached a settlement) were found more frequently in the sentencings than aggravating factors. Ancillary dispositions consisted of educational programs and community service orders, and substantial measures for safety of victims and preventing reoffense were limited. These results demonstrate that, despite the structural and persistent nature of dating violence as gender-based violence in intimate relationship, current judicial system is insufficient in preventing reoffense and protecting victims. Accordingly, this study proposes the enactment of independent legislation, the introduction of procedures to verify autonomous intentions, establishment of an integrated support system to address multiple forms of harm, and strengthening of gender-based violence prevention education.

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