바람직한 性刑法의 정립을 위한 제안

• 발행기관: 한국형사정책학회
• 저자명: 이경재
• 간행물 정보: 『형사정책』刑事政策 第27卷 第2號, 65~99쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.08.30

영문 초록

As we know, we have some kinds of regulations on sexual offences, for example, rape, sexual assault, obscenity, public nudity, pornography etc. But these regulations have some problems: for instance, they are against rule of law, equality of law, or proportionality etc. A lot of scholars and professionals said that these regulations should be integrated into one law, because the basic law must be Criminal Act. Because we have some regulations on sexual offences, there happens sometimes disparity of laws or inequality between laws. I propose that all the sexual offences should be integrated into Criminal Act, including rape, forcible sexual assault, obscenity, public nudity, prostitution, so it is possible to regulate sexual offences justifiably and equally. And more important thing is that we must be on alert on “Penal Populism”, because it hinders just regulation to sexual offences. Penal Populism makes punishment severer or harsher, but on the point of our experiences severer or harsher punishment do not prevent crimes. So I propose that so-called “a special committee on modification of sexual criminal law” ought to be organized soon or later, so that complicated and unreasonable sexual criminal law must be modified soon.

목차

Ⅰ. 들어가는 말 - 현행 性刑法의 문제점

Ⅱ. 성범죄 처벌법규의 정비를 위한 제안

Ⅲ. 남은 문제

Ⅳ. 맺음말

키워드

sexual offences sexual violent offences sexual moral offences sexual criminal law penal populism