• Title/Summary/Keyword: Criminal Offense

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Issues and Considerations surrounding Revocation Physician's Medical License Arising from Criminal Offenses (의사의 형사범죄에 따른 면허취소처분의 쟁점과 고려사항)

  • Kim, Sung-eun
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.113-142
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    • 2018
  • In recent years, there have been opinions in which physicians are liable to the revocation of their medical license if they are sentenced to above a certain level for criminal charges regardless of the types of offenses. Accordingly, a revised bill of law was submitted in the National Assembly, and related discussions are thus expected to commence. Considering the morality and ethics or the level of the rule of law that the general public expects of physicians, as well as the license revocation system in other professional sectors, it is assessed that medical license revocation due to criminal convictions of physicians is appropriate to some degree. However, if a poorly devised system is established based on unrefined inferences or emotional judgements, unexpected side-effects are likely to arise. With regard to serious criminal acts that society generally perceives as unacceptable, it can be assessed that the revocation of physicians' licenses would appropriately protect the general public from threats. However, given the life-saving characteristics of high-risk medical practices, higher malpractice exposures, and social values, it is difficult to assess charges of professional negligence resulting in death(or in injury) and minor offences in the same manner as anti-social criminal offences are handled. Physicians need to be treated the same as any other professions. At the same time, they are engaged in administering medical treatment to patients in the face of great risks as professionals. Under the circumstances, a discussion on the introduction of a more specific and empirical system is needed by considering the intrinsic characteristics of medical treatment and the need for an equitable health and medical policy. Accordingly, based on the above judgment and perception, this study explores the code of ethics for physicians and medical license revocation related to criminal offences at home and abroad, and examines various legislative alternatives appropriate for the Republic of Korea. In doing so, the purpose of the study is to contribute to the development of a reasonable system for handling criminal offences by physicians.

A Fuzzy-based Network Intrusion Detection System Through sessionization (세션화 방식을 통한 퍼지기반 네트워크 침입탐지시스템)

  • Park, Ju-Gi;Choi, Eun-Bok
    • Journal of the Korea Society of Computer and Information
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    • v.12 no.1 s.45
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    • pp.127-135
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    • 2007
  • As the Internet is used widely, criminal offense that use computer is increasing, and an information security technology to remove this crime is becoming competitive power of the country. In this paper, we suggest network-based intrusion detection system that use fuzzy expert system. This system can decide quick intrusion decision from attack pattern applying fuzzy rule through the packet classification method that is done similarity of protocol and fixed time interval. Proposed system uses fuzzy logic to detect attack from network traffic, and gets analysis result that is automated through fuzzy reasoning. In present network environment that must handle mass traffic, this system can reduce time and expense of security

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Design and Implementation of a Digital Evidence Management Model Based on Hyperledger Fabric

  • Jeong, Junho;Kim, Donghyo;Lee, Byungdo;Son, Yunsik
    • Journal of Information Processing Systems
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    • v.16 no.4
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    • pp.760-773
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    • 2020
  • When a crime occurs, the information necessary for solving the case, and various pieces of the evidence needed to prove the crime are collected from the crime scene. The tangible residues collected through scientific methods at the crime scene become evidence at trial and a clue to prove the facts directly against the offense of the suspect. Therefore, the scientific investigation and forensic handling for securing objective forensic in crime investigation is increasingly important. Today, digital systems, such as smartphones, CCTVs, black boxes, etc. are increasingly used as criminal information investigation clues, and digital forensic is becoming a decisive factor in investigation and trial. However, the systems have the risk that digital forensic may be damaged or manipulated by malicious insiders in the existing centralized management systems based on client/server structure. In this paper, we design and implement a blockchain based digital forensic management model using Hyperledger Fabric and Docker to guarantee the reliability and integrity of digital forensic. The proposed digital evidence management model allows only authorized participants in a distributed environment without a central management agency access the network to share and manage potential crime data. Therefore, it could be relatively safe from malicious internal attackers compared to the existing client/server model.

A Study on Crime Prediction to Reduce Crime Rate Based on Artificial Intelligence

  • KIM, Kyoung-Sook;JEONG, Yeong-Hoon
    • Korean Journal of Artificial Intelligence
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    • v.9 no.1
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    • pp.15-20
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    • 2021
  • This paper was conducted to prevent and respond to crimes by predicting crimes based on artificial intelligence. While the quality of life is improving with the recent development of science and technology, various problems such as poverty, unemployment, and crime occur. Among them, in the case of crime problems, the importance of crime prediction increases as they become more intelligent, advanced, and diversified. For all crimes, it is more critical to predict and prevent crimes in advance than to deal with them well after they occur. Therefore, in this paper, we predicted crime types and crime tools using the Multiclass Logistic Regression algorithm and Multiclass Neural Network algorithm of machine learning. Multiclass Logistic Regression algorithm showed higher accuracy, precision, and recall for analysis and prediction than Multiclass Neural Network algorithm. Through these analysis results, it is expected to contribute to a more pleasant and safe life by implementing a crime prediction system that predicts and prevents various crimes. Through further research, this researcher plans to create a model that predicts the probability of a criminal committing a crime again according to the type of offense and deploy it to a web service.

Affecting Factors on the Safety on School -Focusing on U.S Public School Security Guard Patterns- (학교 내 안전에 영향을 미치는 요인: 미국 공립학교의 경비활동 유형을 중심으로)

  • Shin, So-Ra;Cho, Youn-Oh
    • Korean Security Journal
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    • no.37
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    • pp.137-163
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    • 2013
  • This research will incorporate cases from U.S public schools to analyze the factors which influences the security within the school and efficient security patterns to suggest an adequate suggestion to elevate domestic school security system. This study is divided into two following models: a serious criminal offense model, which considers crimes occurred on campus as subordinate variables, and a school violence model, which considers as subordinate variables after limiting an act of delinquency and an a group action that can harm the safety of students, although they are not included in the categories of crimes. First, from analyzing the factors which influences security within school, the explanation power of serious crime offense safety model and school violence safety model is measured 12% and 11.3%. In serious crime offense safety model, the safety education for students, among the safety programs provided by schools(t=2.548, p=0.011), parent participation to school management(t=10.694, p=0.000), Security activities on campus(t=3.643, p=0.000), and CPTED activity(t=6.467, p=0.000) are statistically significant, as affecting factors on the safety from serious crimes. Similarly in school violence model, the safety education for students, among the safety programs provided by schools(t=3.228, p=0.001), parent participation to school management(t=12.034, p=0.000), security activities on campus(t=2.663, p=0.000), and CPTED activity(t=3.928, p=0.000) are statistically significant, as affecting factors on the safety from school violence. Second, according to the analytic results on figuring out the optimal pattern to heighten the security activities, the serious offence model's explanatory power was 4.4% and school violence safety model rated 3.9%. With the serious offense safety model, the activity factors which showed statistically significant in influencing safety from serious offenses were cooperation with local police force (t=2112, p=0.035), school policy management (t=3.309, p=0.001), security patrolling activity (t=2.548, p=0.011). In the school violence model, security activities initiated by the school which showed statistically significant from serious offenses were cooperation with local police force (t=2.364, p=0.018) and policy management (t=4.142, p=0.000). In accordance with the result of this study, education for students rather than education for teachers is more positive in terms of the safety on campus, and parent participation, like education, is consistently needed for the safety on campus. In case of CPTED activity, reinforcing plans should be prepared by intactly accepting examples in the USA. In case of security activity, plans that can increase visibility and reinforce cooperation with local police in a smooth way will provide a positive effect to the safety on campus.

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Recidivism Follow-Up Study on Sex offenders under Electronic Monitoring (성범죄 전자감독대상자들에 대한 재범추적 연구)

  • Lee, SeungWon;Lee, SueJung;Seo, HyeRan
    • Korean Journal of Forensic Psychology
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    • v.12 no.1
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    • pp.15-33
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    • 2021
  • In this study, we analyzed the difference in survival rates of those subject to electronic supervision of sex crimes based on the tracking of the period of recidivism and whether they were recidivism, and wanted to confirm the ability of the criminal record to predict recidivism. The criteria for recidivism were defined as cases where a conviction was confirmed due to a criminal case that occurred during the execution of electronic monitoring, and the date of recidivism was the date of occurrence of a case that was confirmed guilty. A total of 122 re-offenders were used in the analysis, and all of them were charged with electronic supervision for committing sex crimes. Studies have confirmed that the subjects commit the most recidivism within three years. In addition, in this study, the difference in survival rate between groups was analyzed after classifying mixed and sex recidivism cases. The number of members was 88 for the mixed recidivism group and 34 for the sex recidivism group. The analysis confirmed that both groups had the most recidivism within three years. There was a slight difference between the survival rate of the mixed recidivism group and the survival rate of the sex recidivism group. So the Log Rank Test and the Generalized Wilcoxon Test were conducted, but no statistically significant differences were identified(Wilcoxon statistic = 2.326, df = 1, p = .13, Log Rank = 1.345, df = 1, p = .25). Next, a Cox Regression analysis was performed to confirm the ability of the criminal record to predict recidivism. As a result, the number of criminal records(sex offense, violent crime) have been confirmed to be a good predictor of recidivism(X2=27.33, df=1, p< .001). As a result, the recidivism rate is gradually decreasing due to the implementation of the electronic monitoring. However, the duration of recidivism required by sex offenders in high-risk groups was found to be rather short. Currently, security measures against felons are being strengthened, so it is necessary to select high-risk groups. Therefore, based on the related studies, the characteristics of high-risk groups and the results of recidivism studies will be used as a basis for disposal within the criminal justice system, which will play a major role in granting objectivity.

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Growth of Felonies after the 1997 Financial Crisis in Korea (외환위기 이후 흉악범죄의 증가와 정부의 범죄억지정책)

  • Kim, Duol;Kim, Jee Eun
    • KDI Journal of Economic Policy
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    • v.31 no.2
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    • pp.155-194
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    • 2009
  • The Korean economy successfully overcame the macroeconomic downturns driven from the Asian financial crisis in a very short period of time. The economic shock, however, generated a variety of social problems, one of which was the increase in felonies (homicides, robbery, rape, and arson), or degradation of public safety. We argue that the Korean criminal policy has not been effective to ameliorate the rising trends in crime caused by the financial crisis. In order to substantiate this claim, we assess the effectiveness of criminal policy: policing, sentencing, and corrections. First, there has been resource shortage in policing since the 1997 financial crisis. For the past ten years, the investment of human resource and budget in the police has been virtually stagnant, as well as in prosecutors' investigation activities. The insufficient resource allocation in policing caused a huge decline in arrest rates and prosecution rates. Second, the Korean judicial system has not increased the severity of punishment. Comparing the pre- and the post-financial crisis period, the average length of prison sentence by the courts has declined. Given the degrading in the quality of crime and the decreasing amount of inputs into the policing and prosecution, the government should have increased the severity of punishment to deter crime. Third, we found that the government hired more officers and allocated larger budget into prison and probation. However, it is difficult to suggest that the increased level of resources in correctional programs have been effective in preventing released prisoners from committing future crimes. This is because the number of repeat offenders convicted of more than a third offense increased dramatically since 1997, pushing felonies upward. In sum, the government organizations failed to respond respectively or to make coordinated actions, eventually causing a dramatic increase in crimes. This research brings explicit policy implications. In order to prevent possible additional degradation of public safety, the government must put more efforts into increasing the effectiveness of policy and to investing more resources into said policies. We also emphasize the importance of the institutional mechanisms which foster policy coordination among the Police, the Prosecutor's Office, the Ministry of Justice, and other relevant government organizations.

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A Study of the Prediction of Incidence of Crime using Markov process (마코프 프로세스를 적용한 범죄 발생 예측 방법에 관한 연구)

  • Chung, Young-Suk;Jung, Jin-Young
    • Journal of the Korea Society of Computer and Information
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    • v.17 no.3
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    • pp.95-103
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    • 2012
  • Modern society is experiencing a variety of crimes, and to prevent crime is being studied. Existing studies related to the crime of crimes that occur on spatial analysis and geographic information, or to analyze the type of criminal offense of studies have been conducted, However the existing studies of the geographical and psychological crime that occurs throughout the study area and by analyzing the motives for the crime prevention research is the most. In this paper, we introduce Markov processor model for predicting the crime is present. Of several crimes, murder, government official crimes, the incidence of violent crime has occurred over time by using the predicted incidence of crime. Presented in this paper, predictive modeling is used in a crime occurred in the average duration of the overall average number of crimes that occurred in the one-year average, which recently labeled as the average prediction was compared to if you can increase the likelihood, recent average to apply to increase the probability of the prediction that crime have been investigated.

A Study on Improvement of the investigation procedure for the National Security Violators - Focused on the Rights to Counsel - (안보사범에 대한 수사절차 개선방안 검토 - 피의자 신문시 변호인 참여권 문제를 중심으로 -)

  • Yoon, Hae-Sung;Joo, Seong-Bhin
    • Korean Security Journal
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    • no.46
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    • pp.113-140
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    • 2016
  • Right to counsel means a defendant has a right to have the assistance of counsel (i.e., lawyers), and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in criminal law and constitutional law etc. First, any person who is arrested or detained shall have the right to prompt assistance of counsel. When a criminal defendant is unable to secure counsel by his own efforts, the State shall assign counsel for the defendant as prescribed by act in article 12(4) of the constitutional law. Second, the defense counsel or a person who desires to be a defense counsel may have an interview with the defendant or the suspect who is placed under physical restraint, deliver or receive any documents or things and have any doctor examine and treat the defendant or the suspect in article 34 of the criminal law. Nonetheless, problems about guarantee of the rights to counsel to the national security violators like spy terrorist and etc will be important for Koreans to consider. That is because national security violators's cases are qualitatively different from general criminal offense's cases and historically, lawyer obstruct a investigation in the process of examination of a suspect for national security violators. Therefore, this study suggest a way that a restriction the rights to counsel with an attorney in cases of the national security violators. To this end, in this paper, I touch on restriction of right to counsel during interrogation in the England and Germany etc in comparison to that of Korea and review Korea's Supreme Court decision and Constitution Court decision to understand the prospective and trends for Korean investigation procedure improvement.

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The Reserch on Actual Condition of Crime of Arson Which Occurs in Korea and Its Countermeasures (방화범죄의 실태와 그 대책 - 관심도와 동기의 다양화에 대한 대응 -)

  • Choi, Jong-Tae
    • Korean Security Journal
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    • no.1
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    • pp.371-408
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    • 1997
  • This article is the reserch on actual condition of crime of arson which occurs in Korea and its countermeasures. The the presented problem in this article are that (1) we have generally very low rate concern about the crime of arson contrary to realistic problems of rapid increase of crime of arson (2) as such criminal motives became so diverse as to the economic or criminal purpose unlike characteristic and mental deficiency of old days, and to countermeasure these problems effectively it presentation the necessity of systemantic research. Based on analysis of reality of arson, the tendency of this arson in Korea in the ratio of increase is said to be higher than those in violence crime or general fire rate. and further its rate is far more greater than those of the U.S.A. and Japan. Arson is considered to be a method of using fire as crime and in case of presently residence to be the abject, it is a public offense crime which aqccompany fatality in human life. This is the well It now fact to all of us. And further in order to presentation to the crime of arson, strictness of criminal law (criminal law No, 164 and 169, and fire protection law No. 110 and 111) and classification of arsonist as felony are institutionary reinforced to punish with certainty of possibility, Therefore, as tendency of arson has been increased compared to other nations, it is necessary to supplement strategical policy to bring out overall concerns of the seriousness of risk and damage of arson, which have been resulted from the lack of understanding. In characteristics analysis of crime of arson, (1) It is now reveald that, in the past such crime rate appeared far more within the boundary of town or city areas in the past, presently increased rate of arsons in rural areas are far more than in the town or small city areas, thereby showing characteristics of crime of arson extending nation wide. (2) general timetable of arson shows that night more than day time rate, and reveald that is trait behavior in secrecy.(3) arsonists are usually arrested at site or by victim or report of third person(82,9%).Investigation activities or self surrenders rate only 11.2%. The time span of arrest is normally the same day of arson and at times it takes more than one year to arrest. This reveals its necessity to prepare for long period of time for arrest, (4) age rate of arson is in their thirties mostly as compared to homicide, robbery and adultery, and considerable numbers of arsons are in old age of over fifties. It reveals age rate is increased (5) Over half of the arsonists are below the junior high school (6) the rate of convicts by thier records is based on first offenders primarily and secondly more than 4 time convicts. This apparently shows necessity of effective correctional education policy for their social assimilation together with re-investigation of human education at the primary and secondary education system in thier life. The examples of motivation for arosnits, such as personal animosity, fury, monetary swindle, luscious purpose and other aims of destroying of proof, and other social resistance, violence including ways of threatening, beside the motives of individual defects, are diverse and arsonic suicide and specifically suicidal accompany together keenly manifested. When we take this fact with the criminal theory, it really reveals arsons of crime are increasing and its casualities are serious and a point as a way of suicide is the anomie theory of Durkheim and comensurate with the theory of that of Merton, Specifically in the arson of industrial complex, it is revealed that one with revolutionary motive or revolting motive would do the arsonic act. For the policy of prevention of arsons, professional research work in organizational cooperation for preventive activities is conducted in municipal or city wise functions in the name of Parson Taskforces and beside a variety of research institutes in federal government have been operating effectively to countermeasure in many fields of research. Franch and Sweden beside the U.S. set up a overall operation of fire prevention research funtions and have obtained very successful result. Japan also put their research likewise for countermeasure. In this research as a way of preventive fire policy, first, it is necessary to accomodate the legal preventitive activities for fire prevention in judicial side and as an administrative side, (1) precise statistic management of crime of arson (2) establishment of professional research functions or a corporate (3) improvement of system for cooperative structural team for investigation of fires and menpower organization of professional members. Secondly, social mentality in individual prospect, recognition of fires by arson and youth education of such effect, educational program for development and practical promotion. Thirdly, in view of environmental side, the ways of actual performance by programming with the establishment of cooperative advancement in local social function elements with administrative office, habitants, school facilities and newspapers measures (2) establishment of personal protection where weak menpowers are displayed in special fire prevention measures. These measures are presented for prevention of crime of arson. The control of crime and prevention shall be prepared as a means of self defence by the principle of self responsibility Specifically arsonists usually aims at the comparatively weak control of fire prevention is prevalent and it is therefore necessary to prepare individual facilities with their spontaneous management of fire prevention instead of public municipal funtures of local geverment. As Clifford L. Karchmer asserted instead of concerns about who would commit arson, what portion of area would be the target of the arson. It is effective to minister spontaveously the fire prevention measure in his facility with the consideration of characteristics of arson. On the other hand, it is necessary for the concerned personnel of local goverment and groups to distribute to the local society in timely manner for new information about the fire prevention, thus contribute to effective result of fire prevention result. In consideration of these factors, it is inevitable to never let coincide with the phemonemon of arsons in similar or mimic features as recognized that these could prevail just an epedemic as a strong imitational attitude. In processing of policy to encounter these problems, it is necessary to place priority of city policy to enhancement of overall concerns toward the definitive essense of crime of arson.

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