미성년자와 심신장애자 대상 범죄에 대한 형법과 특별법 규정의 문제점과 개선방안

• 영문명: Problems and Improvement Measures of the Stipulation of Criminal Law and Special Act on Crimes against Juveniles and the Disabled
• 발행기관: 중앙대학교 법학연구원
• 저자명: 전보경
• 간행물 정보: 『법학논문집』法學論文集 第39輯 第1號, 125~146쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.04.01

영문 초록

Crimes constantly occur in the society that we live in, and the victims of criminal acts always exist due to these crimes. Cases where people with little decision making ability, such as the juveniles or the disabled, becoming victims of crimes are increasing. In case of criminal acts performed by the juveniles or disabled with little or no cognitive capacity or decision making competency, the criminal law regards them as not being able to take responsibility and does not punish them, or reduces the extent of punishment; and it regulates the crimes against the juveniles under 19 or the disabled. Such regulation on criminal law confirms by law that the juveniles and the disabled are the subject of protection compared to the normal people. The criminal law poses a problem that it does not include the disabled in the kidnapping and abduction of the juveniles, and the kidnapping·abduction and human trafficking does not include an article that punish for the crimes against them. Committing adultery with juveniles is done through the means of deceptive scheme or power; it gets lighter punishment than rape or indecent assault, and is regulated by the same punishment for rape or indecent assault. Also, there is no regulation against adultery by abuse of occupational authority. Only the regulation on manipulative fraud includes information regarding the juveniles and the disabled. Not only the means of criminal act, but the consideration of the victims of crimes should be included in the punishment. Article 6 of the Special Law for adultery and indecent assault against the disabled exists but the penalty is too light. Many among the mentally disabled have the cognitive ability and decision making ability at the level of little children. More severe penalty regulation should exist on criminals against these people. Laws concerning the sexual protection of children and juveniles practice the same penalty regulation on adultery and indecent assault against children and juveniles, regardless of their age or the means of crime. As the juveniles and the disabled are more prone to become targets of crimes than normal people and these crimes actually do occur more often, the safeguard for them is desperately needed. Therefore, now is the time when the law should clearly define the scope of crimes against them, and the improvement measures that include more severe penalty regulation are necessary.

목차

Ⅰ. 머리말

Ⅱ. 형법상 책임무능력⋅한정책임능력자인 미성년자와 심신장애자

1. 형법상 책임무능력자로서 형사미성년자

2. 형법상 책임능력이 없는 심신장애자

3. 형법 규정에서 성인 일반인과 다른 미성년자와 심신장애자

Ⅲ. 형법상 미성년자와 심신장애자 대상 범죄규정의 문제점과 개선방안

1. 형법상 범죄행위 객체로서 미성년자와 심신장애자

2. 약취·유인 및 인신매매의 죄

3. 강간과 추행의 죄

4. 사기와 공갈의 죄

5. 형법 규정 개선 방안

Ⅳ. 특별법상 미성년자와 심신장애자 대상 범죄규정의 문제점과 개선방안

1. 성폭력범죄의 처벌 등에 관한 특례법

2. 아동·청소년의 성보호에 관한 법률

3. 특별법상 문제점과 개선안

Ⅴ. 결어

키워드

심신장애자 심신미약자 미성년자 범죄 피해자 양형 a mental and physical disabled person feeble minded person a minor victims of crime assessment of a case