@article{oai:nias.repo.nii.ac.jp:00000861,
 author = {柴田, 守},
 issue = {2},
 journal = {長崎総合科学大学紀要, Bulletin of the Nagasaki Institute of Applied Science},
 month = {Jan},
 note = {P(論文), This article presents a quantitative selection criterion for probation using statistical analyses of judicial precedents obtained from a database. The analyses found the following. (1) The basic case in which a probation is selected is the case of "indecent assault" with one victim. In cases of "indecent assault with injury," "rape," and cases with two or more victims, the prison sentence is selected. (2) However, even in cases where the prison sentence is selected, the probation of imprisonment may be selected if (i) the crime was committed by a subordinate, (ii) the crime was committed by a relative or colleague, (iii) the crime was committed in a public facility, (iv) the defendant was found to be in a state of "mental exhaustion" at the time of the crime, or (v) the victim was found to be at fault. (3) [In addition to (1) and (2) above,] if (i) a settlement has been reached, (ii) compensation has been paid to the victim, (iii) forgiveness has been obtained from the victim (including (iv) forgiveness from some victims), (v) the judge recognizes that the defendant is unlikely to reoffend (or has a high potential for rehabilitation), or (vi) the defendant is young, the possibility of selecting probation will increase. On the other hand, if (viii) the defendant has a record of imprisonment, (ix) compensation has not been paid to the victim, (x) the defendant is not remorseful, or (xi) the defendant committed the crime during the period of probation, the possibility of choosing imprisonment is higher.},
 pages = {77--112},
 title = {性犯罪の執行猶予選択基準に関する定量的研究},
 volume = {61},
 year = {2022},
 yomi = {シバタ, マモル}
}