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KCI등재 학술저널

강간죄 적용범위에 대한 문제점 고찰

대법원 2017. 10. 12. 선고 2016도16948, 2016전도156 판결

In a sex offender ecosystem, it is necessary to ensure that rape is applied only to violent breaches of at least sexual self-determination. However, it is doubtful that the Supreme Court may have too broad a range of rape cases in this case. On the contrary, The first and second trial courts seem to be wary of further rape charges. On the basis of this case, it is likely to be the type that corresponds to the sexual compel in the German criminal law. So it would be more appropriate to introduce and punish the sexual compel in legislation if consensus was formed on the need to punish people for forcing sexual behavior. That would also eliminate the need to stretch and punish rape charges. The Supreme Court calls the degree of rape and intimidation the most serious offense and threat. But, it seems that the comprehensive judgment system applies the standards of violence and intimidation of consultation. However, such a comprehensive judgment does not provide a clear standard. Therefore, in this case, the Supreme Court made a different judgment from the first and second trials. However, the main reason why it is difficult to consistently punish sex crimes is because there is a big problem with the current sex criminal law system. As the wrong legal system is filled with diverse legal interpretations, the burden is entirely on citizens. Therefore, it is inevitable that there continue to be disturbance in the ecosystem of sex crimes. The preferred way to fix this mess is for lawmakers to fix the current sex crime system. And the court should try to help citizens form a proper consciousness of norms on sex crimes through a consistent and clear application of the law.

[대상판례]

[판례 분석]

Ⅰ. 서론

Ⅱ. 현행법상 강간죄 관련 처벌규정 체계

Ⅲ. 강간죄 적용범위의 확대 경향

Ⅳ. 강간죄의 합리적 적용을 위한 개선방안

Ⅴ. 결론

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