사이버 폭력에 대한 형법적 대응

Abstract

Cyber violence is verbal abuse or expression crime that violates personal rights in cyber space. The personal rights of victim can not be inferior to the dissolute freedom of harmful information sender who lead to cyber violence. There is no reason to protect perpetrator who makes an irresponsible comments through expression media of strong diffusion, more heavily than unliable victim. The improvement of criminal measures against cyber violence may be summarized as follows:We don't have to design cyber insult as a independent constituent requisite, because of ① mismatch of the system of constituent requisite, ② lack of justification for additional punishment, ③ possibility of flexible reaction through established contempt, ④ concern about abuse of political power. Because cyber libel is an ordinary crime in these days which cyber culture is becoming more common, it should be fixed by the articles of basic criminal law to further raise the function of general prevention and standard of conduct. In regard to cyber sexual harassment, there is no vacuum of punishment because the offender is punished for an obscene act through telecommunication media against article 12 in the Act of Punishment for Sexual Violence. But it is necessary to adjust its statutory penalty, compared with cyberstalking of article 44-7(1) in the Act of Information and Telecommunication. In regard to cyberstalking, it is necessary to be fixed by the articles of basic criminal law or special law with off line stalking. Also should be aggravated punishment applied to child or juvenile stalking. Cyber obscene material in the Act of Information and Telecom- munication should be admitted into article 243 of promulgation of obscene materials in the Criminal Law. Also should be aggravated punishment applied to child or juvenile cyber sexual exploitations. In order to protect children and juveniles from sex trafficking, most effective measure is law enforcement agency should intervene the course of purchasing child or juvenile's sexuality, and block sexual trade in advance.