| Summary: | 碩士 === 國立中興大學 === 法律學系碩士在職專班 === 107 === In addition to the constitutional elements of crimes, the criminal law of R.O.C. also regulates the main legal effects of criminal law. It is the punishment for crimes. The criminal law of our country regulates statutory criminal liability in the form of scope. After court discretion, discretion of criminal circumstances and related reasons, Only after the sentence is declared, this process is a sentence, which is the process of penalizing a specific case in the judicial process.
The United States has set up” United States Sentence Commission” to set up a “Sentencing Guidelines”. It hopes to reduce the difference in sentencing and allow the court to make a more consistent and transparent judgment. Judicial Yuan of our country has created a "sentencing information service platform for Judicial Yuan" to collect sentencing data, but The platform only collected the execution sentences of the judgments of the courts at various levels, and did not analyze the content and reasons of the judgments in detail, and did not consider the case of drug crimes as a detailed analysis of the crimes. The platform is based on the case analysis. Therefore, it is impossible to discuss the important judgment factors of the judges in the judgment of drug crimes at all levels of courts according to the system.
This study explores the sentencing of the crime of manufacturing, transporting, and selling drugs. Does it compare the statutory free criminal punishments stipulated in R.O.C.’s criminal law, and does it have a gap with the free judgment of the court''s actual judgment? What are the reasons and reasons for the difference? In the process of sentencing, what are the factors that really affect the judgment, and what are the reasons for the court''s sentencing reference? And because of the crime of drug offences, the study will count the conviction of " 2015" in the "Taiwan Taipei District Court", and the full text of the judgment contains the "No. 4 of the Drug Hazard Prevention Regulations". According to the individual judges of each crime fact, the most important factors in the court''s sentencing are interpreted.
The study found that in the 2015 of Taiwan Taipei District Court’s guilty verdict in the manufacture, transportation, and trafficking of drugs, almost every judgment cites Article 59 of the Criminal Law to alleviate its punishment. The court held that even though the statutory minimum sentence was too heavy, Therefore, the average sentencing of the actual judgment of the court is lower than the sentence imposed by the law.
The results of empirical research have found that among all sentencing factors, the biggest factor affecting judgment is “confessiona”. Regardless of the type of wrongful act, the accused has two times the difference between the criminal facts of confession and the factuality of unconfessed crime. The difference between other sentencing factors is tiny.
In addition, the study found that the law specifically stipulates that "jointly committing the perpetrators to adulthood" and "recidivism" must aggravate the sentence to one-half, but the court did not increase the sentence to one-half according to the law, and this The two sentencing factors have little effect on the sentencing of the court.
This study believes that the statutory sentence for the manufacture, transportation, and trafficking of drugs is too heavy, which leads to the court must use various reasons to reduce the sentence. Therefore, if the statutory sentence can be amended according to the actual judgment of the court, the magistrate court can have sufficient basis for reference when sentencing.
Big data and artificial intelligence are the future trends. If you can use artificial intelligence to automatically analyze a larger amount of data, you will be able to interpret the sentencing factors in the judgment more accurately, and use it to estimate the sentencing range, making the sentencing more reasonable. It makes the judgment more predictable and can improve the credibility of the judiciary.
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