성폭력범죄의 발생현황 및 관련 정책의 향후과제 - 주로 성폭력범죄 관련 부가처분을 중심으로 -

Abstract

It has been recorded of much efforts exerted for the prevention and the suppression of sexual offenses as well in recent years . First of all, the penalties for sex offenders were intensified while a variety of the additional disposals such as the publication of the criminals identities, applying of electronics tracking system, medication treatment for suppressing the sexual impulses, were introduced and additionally, the treatment custody, probation for observation, community service order and command of educational class attendance, have been introduced depending on the case of sexual offenses. But the problem is that the sexual crimes is steadily increasing nonetheless. Especially, the additional disposals such as the location tracking system by electronic devices, drug treatments for suppressing sexual impulses, were introduced under the scheme with the aim of promoting the prevention of recidivism and offender rehabilitation. However, when considering the situation of occurrence of sexual violence crimes, these schemes do not seem to have achieved the goal of “anti-recidivism”, an aim of the importance among others. In addition, these improvement measures can not be regarded as the systems to formally promote the social reintegration of offenders, since most of them are not intended to be imposed in such a way of granting of the grace or easing of the imposed sentence, but intended to be imposed in addition to the imprisonment sentence. And the effects that are expected to contribute to bringing a positive change to the criminals, such as criminals treatment, education and re-socialization of offenders, seem to be minimal, when looking into the practical details of the relevant systems. Therefore, these schemes seem to fail to achieve even the goal of “promoting social reintegration of the offender.” The researcher is sympathetic enough for the need for suppression and prevention of sexual offense recidivism, However, in order to ensure the additional disposals related with the sexual violence crimes to be recognized with the significance or legitimacy, firstly, the security proposal should be a system that can achieve both the originally oriented goals of the recidivism prevention and promotion of social rehabilitation of criminals, and secondly the security disposal should be consisted of the contents which do not violate the limits of the principle of proportionality, considering its proportionality in terms of the need, the compatibility and the extent of the security disposals. Therefore, according to the above review, the current additional disposal system related to sexual assault offenses should be utilized step by step in order or to a minimum, while .avoiding the simultaneous sentence and/or duplicated imposition of various additional disposals on one criminal issue and also considering the possibilities of the improvement of the criminals and the reduction of recidivism risk depending on each system. Therefore,according to the above review, the current additional disposal system related to sexual assault offenses should be utilized step by step in order or to a minimum, while .avoiding the simultaneous sentence practice and/or duplicated imposition of various additional disposals on one criminal issue and also considering the possibilities of the improvement of the criminals and the reduction of recidivism risk depending on each system. And you should explore to achieve a substantial reduction of the crimes, through coping with them, considering fully the characteristics of the criminals, not just focusing on the formal and physical suppression of the possibility of recidivism as being done currently. Moreover, it will be worth having a point of view that you observe the security disposal as the disposal measures in terms of the welfare implementation so that you can help the criminals to change with his will and you may regard the criminals not as the object of punishment but as the subject who strive actively to prevent the reoccurrence of the crimes themselves and secure their social rehabilitation.