간행물

형사정책 update

Korean Journal of Criminology

  • : 한국형사정책학회
  • : 사회과학분야  >  법학
  • : KCI등재
  • :
  • : 연속간행물
  • : 연3회
  • : 1226-2595
  • :
  • :

수록정보
22권1호(2010) |수록논문 수 : 12
간행물 제목
22권1호(2010년) 수록논문
권호별 수록 논문
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KCI등재

1특집 : 전화금융사기 범죄에 대한 한국 사회의 대응: 대만과의 비교 분석

저자 : 김성언 ( Seong Eon Kim )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 9-49 (41 pages)

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This article aims to review our reactions against tele-financial fraud(voice phishing) and explore the appropriate ways how to respond the similar situations, through comparing the experiences of Taiwan. Taiwan government quickly coped with the new telephone cheating. Not just was assigned the police authority the task of controlling new fraud, but the government and private sectors concerned were all together joined to get the diagnosis of the phenomenon and tried to take actions. The task force was formed to receive the victims` call and deal with to investigate the crime within Taiwan national police, and financial and communication sectors had a responsibility to share in preventing telephone fraud. The distinctive features that Taiwan government showed in responding to the new fraud was forming a consultative body including the departments of all sectors concerned with the problem and organically divided up the specified activities such as communication supervision, financial monitoring, education and information for preventing telephone fraud, and arresting fraud groups, etc. In contrast, although there were a few joint correspondences on governmental basis, police, financial companies, telecommunications companies, and the government regulators took actions individually. Unlike Taiwan, there were no task force of investigation and didn`t set up a fraud victim reporting center. Any organic cooperation networks didn`t be established and there was no serious consideration about effective forms of advertising or means of communication. In addition, Korean society had few situational approach to prevent crime opportunity in the context of occurrence Our society is also experiencing similar problems of Taiwan, such as an infinite change and displacement of fraudulent means, the difficulty in controlling to circulate illegal borrowed-name bank accounts, having a hard going to work together to investigate the defrauders, and the institutional restrictions of refunding victims` money. Even though we had a chance to analyze the complex issues and problems around tele-financial fraud more early and devise methods for the effective solutions from Taiwan cases, but we didn`t use it efficiently. Taiwan case of telephone fraud showed us the possibility of crime displacement cross the border in the age of globalization. It is possible to find a role model for solving an urgent problem from the unfortunate experiences and the unsuccessful policies of other countries. It told us that if we could cope with the new types of crime originated from the advent of high technology, which across borders throughout the world, it would be necessary to cooperate and build up mutual-assistance systems with other countries. From Taiwan`s experiences, we could catch the necessity of special research center to analyse various new types of crime and the importance of an early warning system.

KCI등재

2특집 : 휴대폰과 인터넷을 통한 음란물 유통의 실태와 대책

저자 : 정완 ( Wan Choung )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 51-74 (24 pages)

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Recently, we have contacted lots of illegal information in cyberspace as like cyberpornography. In addition to cyberpornography, we have contacted lots of pornography via Cellular Phone. These illegal information will have a lot of bad influences to people using internet. I think it is necessary for korean government to enforce some measures to protect illegal information in cyberspace, which are using real name in cyberspace, strengthening internet service provider`s liability, promoting international cooperation between countries and establishing laws and regulations against illegal information in cyberspace. This article discussed obscenity and the attempts at regulating its transmission via the internet and Cell phone. It should be obvious that no matter how vigilant those in society are regarding censorship of what they believe to be questionable materials, there exists no foolproof methods for preventing or blocking their online transmissions. From a legal liability perspective, the best way to avoid prosecution under national, and international law is to take whatever steps are necessary to comply with all relevant laws. Parents or guardians are probably the first and best defense for protecting children from obscenity. This article is written about the situation of cyberpornography and pornography via Cellular phone, one of illegal information in cyberspace and its legal countermeasure.

KCI등재

3특집 : 디지털 정보의 수사방법과 규제원칙

저자 : 조석영 ( Suk Yung Cho )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 75-98 (24 pages)

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The current practices of investigation, even in the traditional and general types of crime, none the less of the computer related crime, requires seek and seizure of digital evidences. The investigators and prosecutors are frequently utilizing the digital techniques in locating and collecting related digital evidences in the site of operation or upon carrying out inspection on the questioned premises. More often than not, rendering investigation creates constitutional issues of individual privacy infringements. These legal issues gives profound grounds for legal enforcement officers to obtain the legitimate seek and seizure warrants from courts. However, in terms of forms and manners, the collection of digital evidence is quite a different from that of traditional physical evidences. Digital evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. On the other hand, the digital evidence itself may hardly be identified from our raw eyes without the aid of its running program, since they actually consist of digital number 0 or 1. Also it is non-tangible information which incapable to be sensed. With this regards, compared to physical evidences, electronic evidences are uneasy for law enforcement officers to predict the exact information of locations, and relevancies with targeting presumed criminal allegations when preparing for the seek and search warrants due to overwhelming size of the information stored in each mass servers, hard disks etc. Also, with the current development of computer technology, criminals are allowed to operate their planned schemes globally using foreign servers, which give serious obstacles for investigators even computer professionals to identify and confirm the evidence necessary due to international jurisdiction barriers. Despite the acknowledgement of realistic, the Korean criminal procedural law and various related regulations has not yet revised or introduced the definite legal bounds and justifications for collecting digital evidences, especially, when prosecutors are carrying out motion for the seek and search warrants. In particular these loop wholes of criminal rules and items apparently and intrinsically arouse the further violation of due process of law and therefore, ruling out evidentiary values. Certainly there explicitly should exist legal limitations in presenting interpretation laws, which could not be accommodated within law, thus, leading to unduly misinterpretation of the relevant laws. Backing upon these issues, I would like to develop on this work from scrutinizing current digital investigation practices of Korea against present Korean Criminal Procedural Regulations and give some recommendations regarding future Criminal Procedural legislative Reforms.

KCI등재

4특집 : 컴퓨터 전자기록에 대한 대물적 강제처분의 해석론적 쟁점

저자 : 조국 ( Kuk Cho )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 99-123 (25 pages)

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Since the democratization of Korea, the reform of its criminal procedure has strengthened procedural rights of criminal suspects and defendants. The Korean judiciary has made progressive decisions for such rights. Compared with arrest, detention, and police interrogation, however, the requirement of legitimate search-and-seizure has not been much scrutinized. This Article is to review major issues regarding the requirements of legitimate search-and-seizure warrant, focusing on searches and seizures of computer data. This Article attempts to answer the following questions which are not familiar issues in the Korean jurisprudence: Can computer data be classified as an object of seizure even though the Criminal Procedure Code prescribes the object as a "tangible thing"?; Can copying computer data be included in the category of seizure?; Which is the place where searches of computer data should be specified in a warrant, the place where computer is seized or the place where law enforcement authorities actually start to search computer data?; Is the search strategy or protocol required to be specifically explained in a warrant?; Are law enforcement authorities allowed to seize all of the "intermingled" computer data including irrelevant data for off-site review without a separate warrant?; Can law enforcement authorities open the files encrypted by a suspect or recover the hard drive formatted by a suspect?; Are "saved" e-mails regulated by the Criminal Procedure Code or by the Act for Communication Secrecy Protection? Then this Article concludes that more judicial control is necessary to prevent the "general warrant" for searches and seizure of compute data; The object, scope and method of searches and seizures should be thoroughly scrutinized when law enforcement authorities apply for a warrant and courts review it.

KCI등재

5연구논문 : 인지된 억제력의 형성과 효과: 음주운전을 중심으로

저자 : 기광도 ( Kwang Do Ki )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 127-155 (29 pages)

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The purpose of this study is to examine on perceived deterrence of punishment on drunk-driving in Korean society. Deterrence theory assume a rational offender, and emphasizes the threat of punishment to deter the criminal behavior. According to deterrence theory, the deterrent effect of punishment relies on the three aspects of punishment, such as the severity, certainty, and celerity of the punishment. Numerous empirical studies on deterrence doctrine try to investigate the deterrent effect of objective/perceptual punishment, but have come to different results by data, methods of research, and criminal types. This study is focus on determinant element and process of perceived deterrence of punishment, including the experiential and emboldening effect of prior criminal behavior and punishment. The data used in this study are drawn from a self-reported survey conducted in Seoul in 2004 by Korean Institute of Criminal Justice. The sample consists of a total of 1.007 drivers, ages 20-66 years old, but in this study we analyse only the male drivers who reported at least some drinking during the last year(n=642). We try to identify perceived deterrence such as internal, informal(social) deterrence of social sanction social, formal deterrence of criminal justice system, and respectively measure by 3-4 items. Drinking-driving is measured for perceived likelihood drinking and driving in future. To examine the effect of social factors and cognitive factors on perceived deterrence of punishment, we used ANOVA, correlation and regression analyses. Major findings of our analyses are as follows. The our data have found that perceived risk of internal, formal and informal punishment is related negatively to law offenses. It seems that the effects is not deterrent effects, but the experiential effects. Consequently, this results supported experiential hypotheses.

KCI등재

6연구논문 : 살인범죄의 원인에 대한 거시적 분석: GIS를 활용한 공간회귀모델링

저자 : 정진성 ( Jin Seong Cheong ) , 황의갑 ( Eui Gab Hwang )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 157-184 (28 pages)

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Every single social phenomenon including crime has a spatial aspect and it is spatially dependent, in general. The spatial dependence causes spatial autocorrelation in macro-level crime analysis, which in turn makes the standard errors of regression coefficients inflated and biased. Eventually, the property of best linear unbiased estimate (BLUE) of the ordinary least squares estimates does not hold any more. To solve this problem, spatial regression modeling is required. In Korean criminal justice area, however, no spatial regression analysis has been attempted yet. Thus, this study tried the spatial regression modeling of homicide rates in 241 districts within the past three years. The result of Global Moran`s I showed that homicide rates are spatially dependent. The spatial lag model discovered that divorce rate is the most important homicide indicator within Korean communities, which implied that greater social bond (collective commitment to community well-being) as well as the presence of an extended support system could be responsible for lower homicide rates. More spatial analyses for diverse neighborhood sizes and characteristics, various crime types, and cross-level interaction effects are to be made for effective crime prevention policies that fit each neighborhood`s unique feature.

KCI등재

7연구논문 : 보호관찰에 대한 범죄자 만족도 요인 연구

저자 : 조윤오 ( Youn Oh Cho )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 185-207 (23 pages)

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The current study aims at exploring factors that predict perception of the probation, specifically offenders` satisfaction level of their probation. There is a paucity of study examined probationers` perception of their punishment in spite of the importance of various community-based correction programs. This study will demonstrate characteristics, types of probation order and bonding between offenders and probation officers associated with the probationers` perception. The total sample consist of 290 probationers selected from probation offices. Overall, the probationers` attitude and perceived satisfaction toward their experience of probation were positive. In addition, statistically significant differences in total offenders` satisfaction of their probation were found among those probationers who were under simple probation supervision, those who had additional community service order(or attendance order), and those who were supervised by GPS Electronic Monitoring. Perception were the most positive among offenders who had both probation order and community service order(or attendance order). The result of multiple linear regression analysis showed that (1) age, (2) types of probation, (3) bonding between offenders and probation officers were statistically significant factors that predict the probationers` perception, when other variables were controlled. On average, one unit increase in age, the offenders` perception of their probation decrease by 0.086. Furthermore, offenders under simple probation order had about 2.339 higher satisfaction level than the offenders under GPS electronic monitoring. Besides probationers who completed extra community service order(or attendance order) had about 3.274 higher perception score than the offenders monitored by GPS electronic monitoring. Finally, for every on unit increase in bonding between offenders and probation officer, the perception of probation increases by 1.431 averagely. The practical implications of these results are discussed.

KCI등재

8연구논문 : 군형법상 군무이탈죄와 관련된 문제점과 개선방안

저자 : 박찬걸 ( Chan Keol Park )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 209-231 (23 pages)

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Desertion from the military service would cause not only personal disaster but also serious military results such as a loss of military power, a weakening of morale in military and the decline of military dignity. Nevertheless desertion from military service crime is important and occurs frequently from the military, about the position of analysis or judicial precedent is not clear. The contents of this study is as follows; Ⅰ. Introduction Ⅱ. Desertion from the military service(§30 ①) 1. The problem related character of crime 2. The problem related object requirement 3. The problem related punishment Ⅲ. Desertion from the military service(§30 ②) 1. meaning 2. The problem related object requirement Ⅳ. The problem and improvements of desertion from the military servicerelated crimes. 1. Violation of an order 2. Desertion from the special military service Ⅴ. Conclusion

KCI등재

9연구논문 : 법여성주의에서 바라 본 성에 대한 법인식의 문제 -강간죄의 객체를 중심으로-

저자 : 박혜진 ( Hye Jin Park )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 233-258 (26 pages)

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Traditionally, we have known that the rape is done by men towards women. however, it is very rare case that criminal law operate the rape as special elements to constitute for women. especially considering the universality and the anti-sexuality are hallmarks of criminal law. In generally, legal interest of the rape is sexual self-determination, not a chastity or virgin of female. That means a freedom do not have sex with someone if one don`t feel like doing. But There`s always a question about it, why the object of sexual self-determination limit to only ``women``, though all human being have sexual self-determination based on the self-determination in article 10 of the Constitution. In general, sexual self-determination is the benefit and protection of the sexual assaults and its contents are changed to the other according to each crime composition important matter. Then, restricting the object of the rape is limited to ``women`` by criminal law in korea that is considered overprotecting women compared with other crimes or show the legal interest of rape is women`s chastity or virginity as ever, notsexual self-determination. but the latter is a premodern concept and must be sublated. So, I will understand the legal interest of the rape is sexual self-determination which is one of the personal rights, out of the scope of women`s chastity which survive until today. and judge whether the rape will be formed on this benefit and protection of the criminal law. From it, we can expect equality between the sexes in rape as soon as and changes of legislation and the construction of law in gender aspects.

KCI등재

10연구논문 : 명예훼손과 온라인서비스제공자의 형사책임

저자 : 오경식 ( Kyung Sik Oh ) , 황태정 ( Tae Jeong Hwang ) , 이정훈 ( Jung Hoon Lee )

발행기관 : 한국형사정책학회 간행물 : 형사정책 22권 1호 발행 연도 : 2010 페이지 : pp. 259-292 (34 pages)

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Considering great social influence of Internet and other information and communication networks these days, On-line Service Provider(OSP) should be responsible for illegal activities regarding its information and communication service when it does not take proper actions against the illegal activities despite acknowledgement. This paper examined OSP`s civil liability and criminal liability from point of view of the Criminal Act. As a result, OSP`s criminal liability shall be limited to ``aiding and abetting by omission`` only when OSP`s access and control against illegal contents are objectively admitted. Despite aforementioned legal theory, OSP`s criminal responsibility of others` defamation on information and communication networks shall be prudently admitted. This is because OSP`s admission of criminal responsibility can reinforce regulations on OSP`s information and communication services to give chilling effects and to be likely to weakenfreedom of expression that is basic rights of the Constitution. Therefore, the obligation of caution can cognize infringement upon others` legal interests caused by posts of evident illegality, and it should be limitedly admitted within specific scope that can be controlled. Defamation not only being illegal activities of the Civil Law but also being crimes of the Criminal Law have a lot of common factors, and conditions of criminal responsibility are stricter than the ones of civil responsibility are: Considering such a fact, when OSP`s criminal responsibility based on others` defamation on Internet is decided, conditions of civil responsibility that have been recently suggested by civil judgment (2008DA53812) shall be minimum conditions that can admit of criminal responsibility.

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