디지털 성범죄 데이터 유통 억제

As social outrage against digital sex crimes has increased, legal responses to these crimes have also been strengthened. Above all, the discussion about digital sex crimes has been activated to a considerable extent. While various controversies continue, the confusing part is what the concept of digital sex crime is and what is the legal interest. First, the question is whether digital sex crimes have the properties of a general sex crime. In relation to this, digital sex crime is a criminal act committed using digital data, and there is a question as to how it can infringe sexual self-deternination. In order to resolve these questions, it is necessary to first answer the question of what is the legal interest of digital sex crime. By understanding the legal interest, it is possible to understand the essence of digital sex crime. To say that digital sex crime is also a kind of sex crime, the scope of the concept of sexual self-deternination should be expanded. However, digital sex crimes do not involve sexual contact in the general sense. Therefore, if a digital sex crime is to be considered a sex crime, the concept of sexual contact should be expanded. However, to call filming sexual contact is quite an exaggeration. Furthermore, in the case of revenge porn, it is difficult to say that a change of mind is a new sexual contact. Even in the case of making false videos, it is difficult to say that it is an infringement of sexual self-deternination. The same is true for producing and selling obscene cartoons. As such, in the case of digital sex crimes, it is difficult to say that legal interest is sexual self-deternination. Therefore, it is reasonable to view that digital sex crimes have different attributes from general sex crimes. When a digital sex crime is committed, the reputation of the victim in the video is seriously infringed. Therefore, the punishment rules for digital sex crimes should consider honor as legal interest. On the other hand, digital sex crime data have properties that make men feel unhealthy sexual impulses. In the case of pornography produced as a cartoon, it does not defame a specific person, but it does cause unhealthy sexual impulses. Therefore, the legal interest of the digital sex crime punishment regulations can be said to be ‘honor and ethics of sexual life’. Accordingly, the concept of digital sex crime can be defined as ‘the act of distributing data that causes sexual shame to victims or unhealthy sexual impulses to potential perpetrators using information and communication networks’. Among digital sex crimes, child pornography, which has the highest punishment, is subject to life imprisonment. However, it is the sentencing standard that overshadows these punishment regulations. The current sentencing standards for digital sex crimes tend to be too low even when compared to similar crimes. Trust in the legal order can only be formed when members of society recognize that a corresponding punishment is appropriate when a criminal act occurs. In that respect, the sentencing standards for digital sex crimes should be raised to an appropriate level.