아동학대범죄의 처벌 등에 관한 특례법 개정논의에 대한 고찰 - 정신장애자의 처우를 중심으로 -

• 영문명: Study on the Amendment of Special Act on Punishment of Child Abuse Crime － focused on treatment of mental and physical disorder person －
• 발행기관: 한국피해자학회
• 저자명: 박호현(Park, Ho Hyun) 김명대(Kim, Myeong Dae)
• 간행물 정보: 『피해자학연구』제25권 제2호, 123~146쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.08.30

영문 초록

The criminal law gets criminal sanctions as punishments about crime occurrence. These sanctions are two kinds of punishments by past acts and security disposal to criminal potentiality. Child abuse crimes are processed by those punishments. However the criminal law has exemption or reduction regulations to mental and physical disorder person through the law Article 10 Clause 1 and Clause 2. Nevertheless, child abuse has it bad effective that the children grow to sound citizens because of mental and physical immaturity of them. Therefore this study will find the way to punish not to apply the criminal law Article 10 Clause 1 and Clause 2 if child abuse occurs by criminals taken alcohol and drug on focus of the amendment of Special Act on Punishment of Child Abuse Crime. It is important to punish child abuse criminals, but it is also necessary to be prevented by treatment because of its recidivism. Although the criminals get back to society after punishment or security disposal, it is not certain that recidivism and repetitive offences are totally eliminated. Therefore diverse ways should be executed such as community service, enrollment order, secondary security disposal and so on.

목차

Ⅰ. 서 론

Ⅱ. 형사제재 2원주의의 이론적 배경

Ⅲ. 아동학대범죄의 현황 및 개정안 내용분석

Ⅳ. 법률개정의 방향

Ⅴ. 결 론

키워드

아동학대 정신장애자 치료 사회 내 처우 지역사회 Child Abuse Crimes Mental and Physical Disorder Person Criminal Sanctions Inner Social Treatment Community