스토킹처벌법 개정을 통한 스토킹범죄의 강력범죄화 방지대책에 대한 고찰 – 스토킹가해자 유형 논의를 통한 가중구성요건 신설의 필요성을 중심으로 –

It seems that the individual acts of the stalking crime do not have the same seriousness or seriousness as murder or robbery. The stalking crime has the potential to lead from a certain point to violent crime such as extreme revenge killings. The characteristic of the stalking crime is that it seeks to attract the attention or attention of the other person by committing certain acts relentlessly and persistently towards the other person. In the early stages, it is difficult to discern the danger or violence of the act itself. When the stalking crime begins to develop, it ends up causing anxiety or fear in the person and around them. Because of this danger, the "Stalking Crimes Punishment Act" was enacted, but the crimes of stalking were not deterred, and the crimes of stalking ended up as very dangerous violent crimes. Of course, such tragedies cannot be fully effected by the legislation and enforcement of laws alone. But it is hoped that such tragedies can be prevented by a more efficient legal system. Although the current "Stalking Crime Punishment Act", which was enacted and implemented in 2021, is a special law on stalking, it is thought that the regulation and monitoring of stalking actors is more important than the punishment of stalking. While it details the emergency measures that judicial police officers may take on the spot, emergency emergency measures, and provisional measures by the court at the request of the prosecutor, the provisions on the punishment of the stalking crime are only two articles. The problem arises in that the requirements for what constitutes the stalking crime under the current Stalking Punishment Act overlap in many respects with the definition of stalking. In my opinion, the penal provisions do not have sufficiently intimidating and preventive effect on the stalking offenders. On the other hand, it seems that "Stalking Crimes Punishment Act" was not enough to make the police and law enforcement agencies fully aware of the dangers and violence of the stalking crime. Therefore, it is necessary to make it clearer in the law that the stalking crime is not a light or minor offense, even compared to the criminal law. In order to do this, it is necessary to clearly distinguish between the stalking act and the stalking crime. The articles on the stalking act should be amended as a norm for the legitimate execution of powers by police officers, and the requirements for the stalking crime articles should be amended for the basic ground of the distinct punishments. In other words, it defines what constitutes the stalking crime as a criminal act that violates or seriously jeopardizes the legal interests of protection, as distinguished from the stalking act. Legislating the stalking crime as a stand-alone basic requirement would serve the function of warning stalking perpetrators that they would only be regulated as stalking but could be punished if they proceeded to commit a crime. On the other hand, police and law enforcement agencies will be able to make it clearer that the stalking crime is an act that can violate or seriously jeopardize legal interests, and that it is important to regulate or prevent stalking crime after the stalking behavior. A new set of aggravated stalking offences should be established to make it clear to police and law enforcement agencies that there are other forms of violence among stalking crimes. Certain of the crimes that accompany the stalking crime are separate from the stalking act, and are not crimes that violate the Criminal Code alone. Stalking is a means or instrument for the offender to achieve his or her own unlawful ends, and it is a more serious form of violent stalking. Threats, intimidation, or assault during the course of a stalking act may be a premonition of the stalking actor's intention to commit more violent acts. Revised constitutional requirements should be established to regulate these violent crimes that accompany stalking.