성범죄에 대한 비판적 검토

• 영문명: The Critical Examination about The Sexual Crime - in the victim’s viewpoint -
• 발행기관: 한국피해자학회
• 저자명: 곽병선(Kwack, Byong­Sun)
• 간행물 정보: 『피해자학연구』제14권 제1호, 1~26쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

The nature of the sexual crime is the crime that a criminal violate the freedom of a personal sexual determination. The freedom to determinate a self-sexual action can not only be violated by the highest battery and assault but also the use of force and a superior position. So The rape and compulsory sexual conduct with great force is established in the criminal code. But a dissent adultery crime is not established. Because it is difficult to distinguish 「consent」 and 「dissent」. Also it is possibility contrary to the principle of nulla poena sine lege. To recognize the nature of the sexual crime, the objective of the rape need to extend from 「the woman」 to 「the men」. So by the same reason, simply a wife is also to be the objective of the rape, to considerate the relationship of husband and wife. The means of sanction is also provided the protection disposition beyond the penalty. The great reason a sexual crime to be a victim’s complaint is a victim’s honor and privacy. But it have to be protected by the criminal procedure of the state. Because a sexual crime is a victim’s complaint. Today in our society, more victims come into. so the victim’s complaint provision of the sexual crime is phased out.

목차

Ⅰ. 문제의 제기

Ⅱ. 성범죄에 대한 입법 현황

Ⅲ. 성범죄의 본질과 구성요건에 관한 검토

Ⅳ. 맺으며

Abstract

키워드

the Sexual Crime the objective of the rape victim’s complaint