• Title/Summary/Keyword: Sexual Criminal

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The Effect of Gender of Mock Jurors and Defendant and Criminal Settlement on a False rape allegation judgement (판단자 및 피고인의 성별과 형사합의금 액수가 강간 무고 사건 판단에 미치는 영향)

  • Kim, Yujin;Kim, Minchi
    • Korean Journal of Forensic Psychology
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    • v.12 no.3
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    • pp.251-277
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    • 2021
  • The aim of this study was to verify the effect of gender and amount of criminal settlement on punitive judgment and responsibility judgment in a false rape allegation case. An online survey was conducted on 406 adult men and women and were randomly assigned to one of six experimental condition. The findings of this study are as follow. First, there was an interaction effect of the gender of the participant and the gender of the defendant in the punitive judgment and responsibility judgment except sentencing judgment. In other words, participants applied heavier punishment and sentencing judgments to the defendants of the opposite gender, while lighter punishment and sentencing judgments were applied to the defendants of the same gender. However, the amount of the criminal settlement did not have a significant effect on all dependent variables. In this study, we empirically examined how the gender of the participants, the gender of the defendant and the amount of the criminal settlement affect the judgment of the false allegation of rape case which has not yet been fully discussed in Korea. In addition, it is meaningful to see how the amount of criminal settlement, which has not been covered before, affects the perception of victims of sexual violence who demand criminal settlement. The implications and limitations of the study were also discussed.

A study on Introducing Intelligent Electronic Monitoring System through the Analysis of the Electronic Supervision (전자감독제도의 실태분석을 통한 지능형 전자발찌 도입 방안)

  • Cha, Minkyu;Kim, Donghee;Kim, Taehwan;Kwak, Daekyung
    • Journal of the Society of Disaster Information
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    • v.10 no.3
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    • pp.374-387
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    • 2014
  • Since the sexual violence crime has a high probability of repeated crime, the electronic monitoring system has been introduced as a measure to it. And this system allows the police to know the location of former criminal around the clock through the electronic device, the former criminal has the psychological/mental oppression which can restrain the intention of crime to a degree. However, there is a limit in blocking criminals with strong will from repeated crime. The next-generation intelligent electronic anklet currently under study collects and analyzes the change bio-data in real time through the location information of electronic monitoring target and attached sensor. This study is aimed to predict the symptom of crime occurrence in advance based on this and block the crime intention in advance or stop the ongoing crime before it is expanded.

A Survey Research on the Effective Prevention Program of Child Sexual Abuse (아동성폭력 예방에 대한 시민의식 조사)

  • Gong, Bae-Wan
    • Convergence Security Journal
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    • v.11 no.5
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    • pp.77-87
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    • 2011
  • The child sexual abuse is a serious social problem. The children are to seek the physical ability for protecting the mselves from crime. However there is no effective prevention program for that. The reason why the lack of understanding of society and the people's attitude as a fence sitter provoke in a roundabout way to the child sexual abuse. Thus this these conducted a survey research about the child sexual abuse for the common citizen. The questionnaire s were analyzed and composed of a frequency analysis and a cross-tabulations by using the tool SPSSWIN. The res ult was that the crime for child was often occurred nearby school and any effective prevention system.

Visualized Determination for Installation Location of Monitoring Devices using CPTED (CPTED기법을 통한 모니터링 시스템 설치위치 시각화 결정법)

  • Kim, Joohwan;Nam, Doohee
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.15 no.2
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    • pp.145-150
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    • 2015
  • Needs about safety of residents are important in urbanized society, elderly and small-size family. People are looking for safety information system and device of CPTED. That is, Needs and Installations of CCTV increased steadily. But, scientific analysis about validity, systematic plan and location of security CCTV is nonexistent. It is simply put these devised in more demanded areas. It has limits to look for safety of residents by increasing density of CCTVs. One of the characteristics of crime is clustering and stong interconnectivity. So, exploratory spatial data of crime is geo-coded using 2 years data and carried out cluster analysis and space statistical analysis through GIS space analysis by dividing 18 variables into social economy, urban space, crime prevention facility and crime occurrence index. The result of analysis shows cluster of 5 major crimes, theft, violence and sexual violence by Nearest Neighbor distance analysis and Ripley's K function. It also shows strong crime interconnectivity through criminal correlation analysis. In case of finding criminal cluster, you can find criminal hotspot. So, in this study I found concept of hotspot and considered technique about selection of hotspot. And then, selected hotspot about 5 major crimes, theft, violence and sexual violence through Nearest Neighbor Hierarchical Spatial Clustering.

The Police's Public Safety Infra Construction Plans for the Protection of Victims of Sexual Violence (경찰의 성폭력 범죄피해자 보호를 위한 치안인프라 구축방안)

  • Kim, Hyun-Dong;Jo, Hyun-Bin
    • The Journal of the Korea Contents Association
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    • v.13 no.12
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    • pp.715-723
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    • 2013
  • Following the social consensus for the need to stop sexual violence, the government has amended juvenile sex protection laws to impose fees on education practitioners who do not report sexual crimes against women, and amended the 'domestic violence prevention and victim protection laws' (2012. 2) so that the police can investigate on site. However, regardless of these wide efforts, the reality is that sexual crimes against the socially weak do not seem to be dwindling, raising concerns of the effectiveness of such amendments. Generally sexual crimes are hard to prove, and even if reports are filed, most cases are dropped with non-prosecution disposition. Victims are usually limited to women and children and this leads to secondary victims. As this thesis states, developed countries have a more systematic protection methods than our country. Therefore, the purpose of this thesis lies on the construction of public safety infrastructure for the protection of sexual abuse victims (enhancing safety protocols with related organizations, implementing a bill of rights for the victims, prevention-centered police education, amendments to current law) to limit human rights violations and criminal injuries.

A Study on the Characteristics of the Spatial Distribution of Sex Crimes: Spatial Analysis based on Environmental Criminology (성폭력 범죄의 공간적 분포 특성에 관한 연구: 환경범죄학에 기반한 공간 분석)

  • Lee, Gunhak;Jin, Chanwoo;Kim, Jiwoo;Kim, Wanhee
    • Journal of the Korean Geographical Society
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    • v.51 no.6
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    • pp.853-871
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    • 2016
  • The interest in the prevention of sex crimes and social secure is growing as the number of cases by sexual offences becomes higher. Although various punishable ways have been introduced so far, increasing sex crime is still going on. Thus, effectiveness of legal systems for preventing crimes is questionable. More recently, the approach for environmental criminology has been paid attention for reducing criminal opportunities through environmental design and management of crimes. This study attempts to look over the spatial distribution of sexual crimes in the context of environmental criminology, and examine the correlation between regional environmental factors and the occurrence of sexual crimes empirically. To do this, we visualized the map for sex crimes at the macro-scale and explored the spatial distribution of sexual crimes and spatial clusters based on various spatial statistics using sex crime data published online by the ministry of gender equality and family. Also, we derived the environmental characteristics of sexual crimes by multivariate regression analysis on a large number of explanatory variables of regional environment. Our results will help to understand the current situation and spatial aspects of sex crimes in the nation more realistically. Further, it is respected that our results might be useful basic information for establishing regional policies and plans for the prevention of the sexual crime and enhanced public policing.

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Analysis on Criminal Judgement of Child Abuse : Focus on Violations of the Child Welfare Act (아동학대범죄에 관한 형사 판결 분석 연구 : 아동복지법 위반 사례를 중심으로)

  • Lee, Sewon
    • Korean Journal of Social Welfare
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    • v.67 no.2
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    • pp.113-136
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    • 2015
  • This study is about criminal judgement of child abuse. The purpose of this study is to analyze contents and reasons for judgements about child abuse crime in detail especially focused on elements and contents of weighing of an offense and concurrent imposition and then to suggest alternatives for policies and law-enforcement for the prevention of that crime. The data were collected from 484 written judgements on 579 criminal defendants that were related to 'Violation of the Child Welfare Act' and were conducted by content analysis. The results are as follows. First, Only about 25% criminal defendants were guilty of violations of the Child Welfare Act were sentenced to imprisonment and the rest of them(about 75%) were merely sentenced to probation of imprisonment or fined. Second, Proportion of prison sentence or period of jail time have not been increased in spite of public indignation and upward of statutory punishment by legislation. Third, in the case of child sexual abuse, there are frequent cases in which concurrent imposition was not put, regardless of explicit statement in the related laws. Last, this study revealed that some mitigation factors of sentence that have been identical to crimes against adult have been applied to child abuse crime uncritically, for example agreement and regret and so on. On the basis of such results, this study proposed policy alternatives for prevention of the recurrence of child abuse, i.e. intrinsic standard of weighing of an offense, concurrent imposition to perpetrators of child abuse and so on.

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Legal Structure and Improvement Measures of Police Responsibility for Unlawful Information in the Cyberspace

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.21 no.3
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    • pp.105-111
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    • 2016
  • Circulating various pieces of unlawful information that violate the law by leaking personal information or circulating violent/sexual materials or malignant programs in the cyberspace is unlawful, and blocking this beforehand is an important duty of the state. Preceding discussions on the legal restriction of unlawful information in the cyberspace have mostly been focused on the criminal responsibilities and civil responsibilities of information communications service providers, but this study has approached it with emphasis on the issue of police responsibility for the exercise of police authority to block unlawful information. It is because the principles of police responsibility to determine the target of police authority to block unlawful information provide the standards for the interpretation of existing laws and regulations and function as legislative principles for the enactment of new laws and regulations to prevent risks in the cyberspace.

Married Women's Opinion of the Spouse's Punishment in Domestic Violence Cases (가정폭력에 대한 기혼여성의 배우자 처벌에 대한 견해)

  • Lee, Kyu-Eun
    • Women's Health Nursing
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    • v.12 no.3
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    • pp.193-203
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    • 2006
  • Purpose: The purpose of this study was to investigate current circumstances of violence against wives, and to identify the wife's opinion of the spouse's punishment in domestic violence cases. Method: The subjects were 216 married women in G province. Data was gathered from November 22 to December 6, 2004. Data was analyzed by descriptive statistics, and the $x^2$-test using SPSS/Win 10.0 program. Results: About thirty six percent of the subjects had experience with domestic violence. There was a high prevalence of psychological aggression(68%), sexual coercion (36%), physical assault(31%), and injury(19%). The subjects experiencing domestic violence had a higher positive attitude towards the spouse's punishment than subjects not experiencing domestic violence. The more severe the domestic violence was, the more the battered women's positive attitude for criminal action increased. Conclusion: An educational program and public relations will increase women's empowerment to solve domestic violence. A more cooperative and integrative program for prevention and an intervention system against domestic violence should be developed for women in battered situations.

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Determination of Alcohol Blackout and Insanity in the Sexual Crimes - Focus on the Supreme Court on 2018-Do-9781 Sentenced on Feb 4, 2021 - (성범죄에 있어서 알코올 블랙아웃과 심신상실의 판단 -대법원 2021. 2. 4. 선고 2018도9781 판결을 중심으로-)

  • Kim Doo Sang
    • The Korean Society of Law and Medicine
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    • v.23 no.4
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    • pp.103-131
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    • 2022
  • 2021, the Supreme Court recognized the foundation of the quasi-indecent act by force by the concept of 'alcohol blackout' although there were multiple situations that it was hard to judge insanity of the victims was evident in the cases with drunken victims. This means the consideration of insanity state due to temporary false memory rather than the total loss of mental capacity from the existing concept of insanity. However, the interpretation of insanity in the criminal law has to be strict and its application could be difficult. In particular, the comparison precedent which is very similar to the subject one was determined not to be the same with the state of the insanity or inability to resist during the sexual relation though the victim had the symptoms of alcohol blackout, denying the quasi-indecent act by force. This argument is determined to be logical remarkably, and insanity and quasi-indecent act by force should be discussed considering the medical review on the alcohol blackout of the victims sufficiently when determining the individual precedents. In addition, the most important point in the sexual crimes is the consent, and there may be possibility of negligence in case that uncertain consent is determined as the consent to continue the following act. Also, in case of uncertain consent or suspicious, universal determination not to follow the act should be able to realized. Therefore, strong evidence is required for criminality, determining that the victim is the state not to be able to do the normal judgment and the minimum willful negligence is existed that the accused uses this. In the subject ruling, the act of the accused has to be clearly punished, however, it is determined to be unreasonable for the punishment with the quasi-indecent act by force under the interpretation of the current regulations.