범죄피해자의 정신적 상처에 대한 형사법적 대응방안

• 영문명: Mental Injuries upon Criminal Victims Must Be Listed in the Sentencing Guidelines
• 발행기관: 한국피해자학회
• 저자명: 김희균(Kim Hee Kyoon)
• 간행물 정보: 『피해자학연구』제24권 제3호, 67~86쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Injury means, in our courts, physical one. The Supreme Court of Korea has sometimes tried to take into account of mental and emotional injuries in determining whether the defendant has imposed ‘bodily injuries’ on the victim. However, it still hesitates to announce that mental injury is a part of bodily injuries. To the contrary, the United States Federal Sentencing Guidelines state that: “bodily injury” means injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical rehabilitation. Impairment of a function of mental faculty will be counted on finding criminal liability under the guidelines. Too many victims are suffering from mental and emotional injuries after the criminal accident. Typical symptoms are including depression and post-traumatic stress disorder but the victims are not qualified for the compensation from the government. Furthermore, the criminal courts do not care about what has visibly happened on the brains of criminal victims. They are often ignoring recent developments in the neuro-science, which clearly shows that mental defects are resulted from the criminal act on the victims. We need to re-define what is injury. Imposing mental illness on victim must be punished on a charge of injuring. It will help the criminal victims recover from the post-traumatic symptoms and get back to their daily lifes.

목차

Ⅰ. 들어가며

Ⅱ. 정신적 상처에 대한 형사법적 대응 방안

Ⅲ. 나오며

참고문헌

Abstract

키워드

외상후스트레스장애 정신적 상처 상해 연방양형기준 형사피해자 PTSD mental injury injuring Federal Sentencing Guidelines criminal victim