형법상 강제추행죄의 역할

• 영문명: The Role of the Indecent Act by Comulsion in Criminal Law
• 발행기관: 한국형사판례연구회
• 저자명: 이원상(Lee, Won-Sang)
• 간행물 정보: 『형사판례연구』형사판례연구 제25권, 285~322쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

Recently, the scope of indecent act by compulsion has widened significantly. Also, the citizens are increasingly aware that most cases of indecent assault are done by forcible compulsion so, there is no animosity towards the expansion of indecent act by compulsion. However, it is somewhat inappropriate to expand the role of indecent act by compulsion in our criminal law. Because, in our criminal justice system, it is not intended to punish anyone for abusing all sexual harassment, but it is designed to punish people for violating their sexual decision–making rights by mobilizing force. Of course, indecent acts are reprehensible. But, it is necessary to think again about trying to punish indecent acts in the area of indecent act by compulsion. That is why the responsibility of the criminal law can be damaged. In such a sense, I agree with the supreme court decision in conclude. However, there has been a growing social interest in recent sexual assault. And the demand for punishment for indecent assault is on the rise. Therefore, it is a great burden to insist on reducing the role of indecent act of compulsion in criminal law. This paper does not claim to be lenient on sexual assault by reducing the role of indecent act of compulsion. but, within the principle of criminal law, indecent act of compulsion in criminal law should be more rationally applied. Because, criminal punishment is not the master key to solve all crimes. Indecent act by blitz(sexual harrassment) should not be included in the concept of indecent act by compulsion. Thus, indecent act by blitz should be punishable by a separate crime as sexual harrassment. And indecent act by compulsion should just play its own role. as it were, indecent act by compulsion should play its planned role in principles of responsibility of criminal law.

목차

[대상판례]

[판례 분석]

Ⅰ. 서론

Ⅱ. 현행법상 강제추행 관련 처벌규정 체계

Ⅲ. 강제추행죄 성립요건과 범위

Ⅳ. 해당 사안의 검토

Ⅴ. 결론

키워드

강간죄 유사강간죄 강죄추행죄 기습추행 부과처분 Rape Imitative Rape Indecent Act by Compulsion Indecent Act by Blitz Handling of Public Security