아동·청소년 성범죄관련 처벌규정의 문제점과 개선방안

• 영문명: Problems and Improvement of Punishment Provisions Related to Sex offense against Children and Juveniles
• 발행기관: 한국형사정책학회
• 저자명: 이승현(LEE, Seung-Hyun)
• 간행물 정보: 『형사정책』刑事政策 第21卷 第2號, 33~61쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.12.30

영문 초록

The problems on sex offense against children and juveniles have been handled by applying special laws for sex crime which have provisions for raised penalty Special laws have been applying to the sex offense against children and juveniles without any considerations about unique nature of children and juveniles, and the relations among other relative laws As a result, the punishment under criminal law and relative special law conflict each other The object of the punishment for sex crimes is obscure because relative laws are scattered The scope of criminal behaviors applied to prosecution on complaint and interruption of prescriptive period for public prosecution The solutions to solve these problems mentioned above are as follows First, statutory punishment for adultery against minors under thirteen years of age, rape against juveniles under nineteen years of age, adultery by a deceptive scheme of by force, etc should be standardized It can be done by reviewing and rearranging the article 8-2 of Act on the punishment of the sexual violence crime and protection of victims(PSVCPC), and the article 7 of Act on the prevention of child and juvenile from sexual abuse Death penalty for negligent homicide under article 10 clause 3 of PSVCPC should be eliminated because it is not desirable The statutory punishments between rape accompanied by injury and injury resulting from rape, and that between rape accompanied by injury and indecent act by compulsion accompanied by injury need to be discriminated Attempted adultery against minors are also punished Second, sexual acts similar to sexual intercourse should be punished because the typology of sex crimes vary However, sex harassment under article 29 clause 2 of Child Welfare Act should be eliminated Third, the provision of the offenses subject to prosecution on complaint for adultery against minors or rape against minors under thirteen years of age also needs to be eliminated Fourth, the interruption of prescriptive period for public prosecution must be suspended until the victims become adult because the disclosure of victimization is difficult to them because of the relationship between victim and offender in sex crime against children and juveniles

목차

Ⅰ 서론

Ⅱ 현행 아동 청소년대상 성범죄의 규정체계

Ⅲ 현행 아동 청소년 성범죄관련 처벌규정의 문제점

Ⅳ 외국의 아동 청소년 성범죄관련 입법례

Ⅴ 아동 청소년대상 성범죄 처벌규정의 개선방안

참고문헌

영문초록

키워드

아동청소년 성범죄 강간 및 강제추행 법정형 친고죄 공소시효 정지 sex offense against children and juveniles rape and indecent act by compulsion statutory punishment the offenses subject to prosecution on complaint interruption of prescriptive period for public prosecution