성폭력범죄에 대한 최근 법률과 판결의 변화

This article examines recent changes in the law and sentencing on sexual violence crimes. The aggravated penal provisions of the ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES and the JUVENILE SEX PROTECTION ACT, which are provided for rape and molestation offences in Chapter 32 of the Criminal Code, are sex crimes that protect sexual self-determination in a passive sense. However, a variety of other factors other than these sex crimes also constitute sexual violence offences. Recent legislation and justice seem to actively accept social demands by dealing with sexual violence offences very strictly, and advocate a tendency to hard punishment. The direction to compensate for the flaws in punishment through revision of law is positive, but too frequent revisions raise questions about whether there has been sufficient review in the legislative process and make it difficult to grasp the content of the law. Instead of trying to create laws through interpretation, the court also needs to carry out its position that “the interpretation of penal codes should be strict, and excessive interpretation or analogy of the meaning of criminal laws in a direction unfavorable to the defendant is not allowed.”