성폭력범죄에 대한 고소의 주관적 불가분의 원칙으로 인한 피해방지방안

• 영문명: Preventive Measures for Damages by Principle of Subjective Indivisibility of the Charges for Sexual Assault Crimes
• 발행기관: 한국피해자학회
• 저자명: 이동임(Lee, Dong-Im)
• 간행물 정보: 『피해자학연구』제20권 제1호, 359~380쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.06.30

영문 초록

There has been an increase in the number of damage cases of sexual assault crimes by the principle of subjective indivisibility of the charges. Where man A was accused of semi-rape for aiding and abetting and man C was the main offender of semi-rape, woman B made a settlement for 3 million won at the pleading of man A and his parents. Woman B agreed to the settlement after hearing from the parents of man A that man C would be punished as original. However, man C was released by the principle of subjective indivisibility of the charges. Although woman B did not forgive man C, the law released him and killed her twice over. Thus, it would be imperative to seek for proper measures not to make another victim as follows Firstly, investigative agency shall be obliged to notify any victim of the principle of subjective indivisibility of the charges, and such notification shall be made in written form. Provided that any damages occurred by investigative agency failing to make a notification, the victim shall reserve the right to demand compensation for damage from the country, or call off the withdrawal of the charges. Secondly, sexual violence, which was formerly stipulated as an offense subject to complaint, shall be changed to an offense of no publishment without victim's intention, to open up the possibilities of settlement and publishment at the same time. The victim may express the intention for punishment of the accomplice before the second trial, or may decide to impose direct punishment to those as you please. Thirdly, victim shall be offered the rights to make objection and provide for punishment measures by offering an ID. Unless otherwise specified, rapers shall be punished, and tourism designation for efficient punishment. While some hope for punishment, it is important to add the rationality of punishment by setting aside special provisions.

목차

Ⅰ. 들어가는 말

Ⅱ. 고소의 불가분의 원칙에 대한 이론적 고찰

Ⅲ. 협의의 공범에 대한 고소의 주관적 불가분의 원칙

Ⅳ. 고소의 주관적 불가분의 원칙으로 인한 피해방지방안

Ⅴ. 맺음말

참고문헌

Abstract

키워드

고소의 주관적 불가분의 원칙 방조범과 정범 고지의무 반의사불벌죄 친고죄 principle of subjective indivisibility of the charges A supporter and the principal offender Duty of declaration Whereas in the victim's stated decision A crime requiring complaint from the victim for prosecution