장애인 대상 성폭력범죄에 관한 최근의 입법과 합리적 대처방안

• 영문명: Recent Legislation and Reasonable Countermeasures on Sexually Violent Crimes Targeting Disabled Persons - Focusing on Critical Examination about the ‘Dogani Law’ -
• 발행기관: 한국형사정책학회
• 저자명: 박찬걸(Park, Chan-keol)
• 간행물 정보: 『형사정책』刑事政策 第23卷 第2號, 61~86쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.31

영문 초록

Recently, it seems that the Korean political circles react too sensitively to press broadcasting on sexually violent crimes and voices of emotional public opinion. The revised legislation dated in October 28, 2011 on sexually violent crimes targeting disabled persons is not a product of rational results that worried and discussed deeply for a long time in the context like this, so it can be evaluated as a product of emotional results that has suggested alternatives too easily within an ultra-short period. If the movie with the background of Gwangju’s Inhwa school’s incidents was not shown, and if it was not run, the revision work of the Special Law on Sexually Violent Crimes would never be progressed with such fast speed. The content of the revision is being also consistent as exclusion of statute of limitations and strengthening of punishment, etc. so it is a recent situation that a punishment-oriented policy on attackers is taking priority over interests on sexual violence victims. Namely, a problem that the protection of sexual violence victims, etc. are handled carelessly are occurring while performing a strong criminal policy that its effectiveness is not transparent. In addition, though the legislature raises court penalty on sexually violent crimes like this, it is actually difficult that its purpose is straightly reflected to a sentence penalty of a court. When thinking of it, the most suitable measures on sexually violent crimes is considered as prevention through education instead of the strong criminal policy at the head of strengthening of punishment. In this aspect, when a court sentences a judgment of a conviction on a person who committed sexually violent crimes, the clause of ‘combined assignment of punishment and learning order, etc.’ of Article 16 of the Special Law on Sexual Violence that is newly established in April 7, 2011 which the learning order necessary for prevention of repeated crime in the range of 300 hours or completion order of a sexual violence treatment program can be assigned dually has a very big meaning. Around 250 years ago, the claim of Beccaria that the rapidity and certainty of punishment are more effective over strictness of punishment in preventing crimes should be recalled once again.

목차

Ⅰ. 문제의 제기

Ⅱ. 개정 성폭력특례법의 내용 및 분석

Ⅲ. 장애인 대상 성폭력범죄의 형사절차상 문제점과 개선방안

Ⅳ. 글을 마치며

참고문헌

〈Abstract〉

키워드

장애인성폭력 성폭력 성폭력특례법 도가니법 항거불능 sexually violent crimes targeting disabled persons Sexually Violent Crimes Special Law on Sexually Violent Crimes Dogani Law inability to resist