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KCI등재 학술저널

소아과 의사의 진료행위와 아동·청소년성보호법상 추행행위 판단

대법원 2016. 12. 29. 선고 2015도624 판결; 서울고등법원 2014. 12. 19. 선고 2014노767 판결(아동 · 청소년의 성보호에 관한 법률위반: 위계등추행)

Sexual Abuse is to prepare procedures for relieving and assisting victimized children and juveniles, and protecting them against sexual abuse and assisting them to become sound members of society. Any person who commits an offense of indecent act against a child or juvenile shall be punished by imprisonment with labor for a limited term of at least two years or by a fine of at least ten million won, but not more than 30 million won. From the perspective of children and juveniles, protection of their sexual autonomy should have special meaning. Understanding of self, will, sex, age, and environment of children must be considered when the court make decision on the relevant cases. Sexual violence against children must have devastated effect on their development towards a man or woman who fully enjoys his or her own self determination of sex. The case reviewed by this essay is on the issue of medical treatment by pediatrist and indecent act against children patients. The court denied victims’ statement on their victimization as a guess or emotional reaction, not real experiences. Investigators and judges should have special understanding on the characteristics of child victim’s statements on his or her experiences. Most of all, the criminal court in sexual violence cases should pay attention not to the consistency of statement by children, but to the special behaviour and mind of their victimization, and further to the social context of sexual violence.

Ⅰ. 대상판결

Ⅱ. 위계에 의한 아동·청소년 추행

Ⅲ. 아동·청소년의 성적 수치심, 성적 자유와 성적 자기결정권

Ⅳ. 진료행위와 추행

Ⅴ. 성폭력 피해아동 진술의 신빙성

Ⅵ. 법원의 아동·청소년 추행여부 판단에 대한 평가

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