스토킹범죄 예방을 위한 법적조치의 실효성 확보방안: 스토킹관련 하급심 판례 분석을 중심으로

Abstract

Enactment of the Stalking Punishment Act has put in place a comprehensive set of legal provisions to safeguard victims of stalking offenses and mitigate the likelihood of future occurrences. The police possess the jurisdiction to solicit preliminary measures, emergency measures, and provisional measures in accordance with the circumstances and stage, in response to reports of stalking. In order for these measures to yield desired outcomes, it is imperative to conduct a precise evaluation of the risk associated with stalking behavior and to carefully choose suitable legal interventions. In order to mitigate the likelihood of future incidents and protect the welfare of victims, it is crucial to exercise oversight and regulate the compliance of the parties involved, thereby ensuring the ongoing effectiveness of legal interventions. In order to minimize the impact of subjective elements, such as the personal biases and preconceived ideas of individual law enforcement officers, as well as the tendencies of offenders or victims, it is crucial to establish standardized criteria for evaluating the viability, immediacy, and risk associated with cases of stalking. This will contribute to ensuring that the discretion exercised by police officers is grounded in objective criteria. In order to optimize the effectiveness of enforcing legal measures outlined in the Stalking Punishment Act, it is crucial to adopt an offender-centered monitoring system.