• Title/Summary/Keyword: 피해자 특정

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Characteristics and Court's Decisions of Sexual Assault Case against the intellectually disabled (지적장애인 성폭력 사건 특성과 법원의 판단)

  • YI, MI SUN
    • Korean Journal of Forensic Psychology
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    • v.11 no.2
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    • pp.211-239
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    • 2020
  • This study examined characteristics and judges' judgments regarding sexual violence cases against individuals with intellectual disabilities by analyzing total 716 cases of court decision. Of 716 cases, 6.0% sentenced not guilty, 53.5% imprisonment, 36.7% suspended sentence. More than half of the victims had experienced sexual assault more than one time with the tendency of repeating being higher when the accused were relatives or acquaintances to the victims. In half of the total cases, the victims were not able to specify the time of incidents. Only in 20% of the cases, there was actual compulsion but in the remaining cases, there was no clear coercion used during the crimes. There are three issues regarding court's decision of sexual assault case against individuals with intellectually disabilities; (1) credibility of victims' statement, (2) inability of resist during the crimes, and (3) whether the accused were aware of the victims's disabilities. In the judgment of credibility of statement, consistency of statement was the criterion that was used most frequently, being followed by specificity of statement, motivation for false accusation, cognitive capacity of victim, and reports of statement validity analysis in the order. The most frequently used criterion of inability to resist was the victim's statement and attitude, followed by the statement and attitude of the accused, the victim's knowledge and understanding of sexuality in the order. Regarding to the awareness of disabilities on the part of the accused, the statement and attitude of the accused was most frequently used, the victims' communicative abilities, duration of relationship, and daily life competence in the order. There were no differences in the rulings and issues according to levels of disabilities and gender. When victims were under 13 credibility of statement became more argues but the awareness of disabilities less frequently than the cases of victims who were 13 or older.

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Measures for Enhancing System of Crime Victim's Information Protection (범죄피해자 정보보호법제의 개선방안에 대한 연구)

  • Lee, Kwon Cheol
    • The Journal of the Korea Contents Association
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    • v.16 no.10
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    • pp.175-187
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    • 2016
  • Protection of personal information has significant meaning in current information age. Information of crime victim is one of top in value in that divulgence of the information to perpetrators may threat safety of the victim or cause psychological demage as $2^{nd}$ harm if disclosed to public. Legal system protects the information with scattered statutes including Criminal Procedure Act. Existing studies have been limited to discussion of the single statute without integrated approach. Bearing necessity of the approach in mind, as issues of protection system this research proffers too broad subject of eligible inspection of case document, inactive practice of identity management cards and omission of personal information, and inappropriate punishment on the disclosure or divulgence. After reviewing systems of foreign jurisdictions to get useful implications, this paper suggests several measures with two separate aspect of legal provisions and protection practice.

A Comparison between the Religious Ethics of Christianity and Daesoon Jinrihoe: 'Love Your Enemies' versus 'Grievance-Resolution for Mutual Beneficence' (기독교와 대순진리회의 종교윤리 비교연구 - 원수사랑과 해원상생을 중심으로 -)

  • Cha, Seon-keun
    • Journal of the Daesoon Academy of Sciences
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    • v.40
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    • pp.39-76
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    • 2022
  • The two religious ethics, Christianity's 'love your enemies' and Daesoon Jinrihoe's 'grievance-resolution for mutual beneficence', can be misunderstood as similar. The misunderstanding arises from these religious ethics having something in common that specifically points to a particular object, called an enemy, and contains instructions to treat that object altruistically. However, from the perspective of Religious Ethics, the two teachings are not the same. The beliefs they are based upon are different, the religious character they pursue is different, and their processes of obtaining legitimacy, logic, and implementation are different. The most distinct difference between these ethics is that the Christian ethic focuses on a victim's role whereas Daesoon Jinrihoe ethic emphasizes the roles of both victims and perpetrators. In case of 'love your enemies,' if a perpetrator turns away from a victim and believes that they would be forgiven for their sin, the victim is unlikely to practice the teaching 'love your enemies.' Accordingly, to avoid criticism over cases wherein love of an enemy is nothing but a shallow grace, the roles of the two sides should be more highlighted than that of the absolute being. As for grievance-resolution for mutual beneficence, this teaching encourages victims to resolve their grievance with a goal of mutual beneficence. The perpetrator should likewise resolve the grievances and grudges of their victim with the aim of mutual beneficence. Jeungsan especially stressed that perpetrators have to resolve 'Cheok (慼: the resentment and grievances that someone holds against the one who victimized them)' through the ethic of grievance-resolution in order for living well. In other words, 'the ethic of Cheok-resolution' is an ethic wherein the perpetrator also plays an important role in the implementation of grievance-resolution for mutual beneficence.

Penalty system for sexual crime against children: A qualitative comparative analysis of sentencing (아동대상 성범죄에 대한 형벌제도 : QCA방법론을 이용한 양형분석)

  • Cho, Won-Hee;Han, Chang-Keun;Park, Yeon-Ju
    • Korean Journal of Social Welfare Studies
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    • v.48 no.2
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    • pp.71-95
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    • 2017
  • This study aims (1) to identify whether real terms of imprisonment for sexual offenders against children are different between the first trial and appeal trial in 16 cases and (2) to assess which sentencing factors such as history of sexual crime of perpetrator, forgiveness of children, regretfulness of perpetrator, power of perpetrator, and relationship of perpetrator and victim influence sentencing period of imprisonment in the first and appeal trials, respectively. This study used cases which were prosecuted for sexual crimes against children since the protection act on the children and juveniles from sexual abuse was enacted in 2000. The target cases of the study include 8 first trials and 8 appeal cases which were appealed to the Supreme Court between 2000 and 2015. Result condition is the real term of imprisonment. Cause conditions include sentencing factors such as history of sexual crime, regretfulness, and power of perpetrator, forgiveness of child, and relationship between offender and victim. We employed Qualitative Comparative Analysis (QCA) for data analysis. We found that there are sentences in the first trial with lower terms than appeal trial regarding child sexual crimes. In addition, we found that (1) power of perpetrator and forgiveness of victim significantly influenced sentencing periods of imprisonment at levels of courts; (2) cause condition considered as comparatively more important in the first trial was regretfulness of perpetrator(but not in the appeal trial); and (3) relationship of perpetrator and child was not important in sentencing for sexual crime at both levels of trials.

The Victimization of Stalking among University Students in Korea (우리나라 대학생의 스토킹 피해에 관한 연구)

  • Sin, Seong-Won
    • The Journal of the Korea Contents Association
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    • v.8 no.1
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    • pp.59-67
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    • 2008
  • Stalking is defined as an abnormal or long term pattern of threat of harassment directed toward a specific individual and obsessional following. This study use empirical method based on the self administrated questionnaire of 325 male and female university students in Korea, for understanding the actual conditions of stalking. The findings are as follows. First, 18(5.5%) students experienced the victimization of stalking. Female students were more likely to be victims of stalking than male. 4(1.3%) of students were stalkers. Second, Female students were more likely to be stalkers than male. The age of most stalkers were younger than 27 yrs.. And most stalking victims knew their stalker. Third, the most cause of stalking was revenge for denial of courtship. The most methods of stalking were making approaches and the communications via letter, telephone, and giving presents. And the most period of Stalking was in 6 months.

An Study on IoT Laundry Monitoring System for Living Safety (생활안전을 위한 세탁물 IoT모니터링시스템에 관한 연구)

  • Kim, Do-Hyung;Kim, Min-Jae;Choi, Seok-Ung;Hwang, Sang-Il;Kim, Myung-Ho;Park, Jin-Ho;Kim, Young-Jong
    • Proceedings of the Korea Information Processing Society Conference
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    • 2017.04a
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    • pp.731-732
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    • 2017
  • 빨래 예측 건조 실패 혹은 건망증으로 인해 빨래를 다시 감수해야 하는 피해자들이 속출하고 있다. 또한, 이러한 문제점으로 인한 피해 뿐 아니라 옥시 사건 이후 특정 화학 물질에 대한 사람들의 기피성은 높아져가고 있는 반면에 그 화학물질을 측정할 방법은 없는 것이 현실이다. 이러한 문제점들을 해결하기 위해 본 논문에서는 IoT 시스템을 이용한 모듈을 설치하여, 제시한 문제점에 대한 대안을 제시한다.

The Analysis of the Malware Trend and the Prediction on the Defense Service and Industry (Malware 동향 분석과 향후 예측 - 국방기관 및 방산분야를 중심으로 -)

  • Choi, Junesung;Kook, Kwangho
    • Convergence Security Journal
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    • v.12 no.4
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    • pp.97-108
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    • 2012
  • In this study, we analysis the distributing malware using email on the korean defense service and defense industry as the social engineering attack. E-mail attack distributes the document files with the malware. Using the malware, attacker get the Information of the targeted people and devices. we proposed expected new types of attacks by analysis and transformation. And, expect the new email attack agendas which will be tried.

Estimation of lost Earnings by Personal Injury in Aged Society and Its Implication (고령사회에서 인신사고로 인한 일실수입의 산정과 그 시사점 : 대법원 2019. 2. 21. 선고 2018다248909 판결을 중심으로)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.20 no.1
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    • pp.460-469
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    • 2020
  • Recently, the Supreme Court pointed out that it would be difficult to maintain the existing opinion any more because the overall conditions that were the basis of the past empirical rule were remarkably changed when estimating the lost earnings of a deceased minor. Thus, the court sentenced en banc decision to extend the maximum working age of manual laborers under the empirical rule to 65 years old. The significance of this ruling is to put an end to social confusion caused by courts' different sentences on the maximum working age under the empirical rule depending on lower court decision, and also to acknowledge the maximum working age of physical laborers by applying the new empirical rule in accordance with entering the aged society. It is still unfortunate to conclude the maximum working age as a specific age and also to estimate the lost earnings of a victim by applying the daily wages of urban laborers. Like this, this study aimed to provide the basic data for guaranteeing a proper compensation for damage to victims by analyzing the issues of rulings related to the maximum working age of manual laborers under the empirical rule, and then complementing imperfections in Korean society that has entered the aged society.

Camera Model Identification Based on Deep Learning (딥러닝 기반 카메라 모델 판별)

  • Lee, Soo Hyeon;Kim, Dong Hyun;Lee, Hae-Yeoun
    • KIPS Transactions on Software and Data Engineering
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    • v.8 no.10
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    • pp.411-420
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    • 2019
  • Camera model identification has been a subject of steady study in the field of digital forensics. Among the increasingly sophisticated crimes, crimes such as illegal filming are taking up a high number of crimes because they are hard to detect as cameras become smaller. Therefore, technology that can specify which camera a particular image was taken on could be used as evidence to prove a criminal's suspicion when a criminal denies his or her criminal behavior. This paper proposes a deep learning model to identify the camera model used to acquire the image. The proposed model consists of four convolution layers and two fully connection layers, and a high pass filter is used as a filter for data pre-processing. To verify the performance of the proposed model, Dresden Image Database was used and the dataset was generated by applying the sequential partition method. To show the performance of the proposed model, it is compared with existing studies using 3 layers model or model with GLCM. The proposed model achieves 98% accuracy which is similar to that of the latest technology.