아동대상 성폭력범죄의 형사사법적 대응방안

Abstract

The recent crimes of sexual violence have become an urgent matter of concern in our society due to their habituation, group criminality, connection with kidnapping and murder, and the younger age of the victims. Especially, the fact that adult men commit crimes of sexual violence to children under 13 years of age whose judgment and physical strength are weak makes it difficult to cope with crimes of sexual violence. Thus, this study will discuss the countermeasures for the crimes of sexual violence to children at each stage of the criminal justice: the investigation stage, the trial stage, the penitentiary stage and the probation stage. First, in the investigation stage, up to now the profilers took an active part in identifying and arresting the criminal. From now on, they should be equipped with the abilities to solve the problem by analyzing not only the criminal but also the victim and the scene of the crime in a comprehensive way. Moreover, the information on the gene identification of the convicts and suspects who have the possibility to commit a second crime and are related to major crimes of homicide and sexual violence will have to be collected and managed so that innocent people can be excluded from the list of suspects at time of the occurrence of crimes and arrest the criminal quickly. In the trial stage, for the place and type of the opening of the personal information of the criminals of sexual violence, it should be allowed that any person may obtain and open the personal information of the criminals of sexual violence anywhere through the Internet rather than allowing the opening restrictively for the victims of the sexual violence or their legal representatives only through the internal network of the police. During the penitentiary stage, the existing Law of Medical Treatment and Care & Custody mainly stipulates the execution and procedures of the medical treatment and care & custody, but it is thought that in the long term additional medical treatment will have to be complemented so as to prevent a second crime of the criminal of sexual violence. In the probation stage, the location system with an electronic device is being implemented after the release of the criminal from prison. The system itself as well as its technology need to be improved to grasp the action of the criminal in addition to the location.