디지털성범죄 차단과 처단 - 기술매개 젠더기반 폭력의 형사정책 -

This essay studies recent issues on so-called ‘Telegram Sex Exploitation’ case, which stirs public opinion demanding criminal justice responses. Digital sex crimes at issue in Korean society can be and should be understood as ‘Technology-facilitated Gender-based Violence.’ It is defined as an action by one or more people that harms others based on their sexual or gender identity or by enforcing harmful gender norms. This violence is carried out by using the internet or mobile technology and includes stalking, bullying, sexual harassment, defamation, hate speech and exploitation in cyberspace. Criminal characteristics of the digital sexual violence are exploitation of digital technology as criminal method and exploitation of gender inequality in the society, which in all result heinous and cruel crimes against women and girls. Thus criminal justice policy of technology-facilitated gender-based violence should implement specialized measures for punishment and deterrence of digital sex crimes. Firstly in the stage of detection and investigation, new investigative techniques such as undercover investigation can be introduced. 24/7 system of monitoring digital sex offenders and digital forensic should be developed. And international cooperation and mutual assistance in detecting cyber criminals should be enforced. Protection of digital sex crime victims in the process of investigation should also be essential to the criminal policy. Secondly in the stage of criminal legislation and sentencing more rational and fair sentencing guidelines on digital sex crimes, especially on the crimes against children, should be developed. The effectiveness of public disclosure of suspects and registered digital sex offenders also should be studied. As for the criminal legislation and criminalisation of technology-facilitated gender-based violence as well as aggravation of punishment should properly be discussed.