딥페이크 성폭력 처벌법의 형법적 과제

The advancement of deepfake technology has significantly altered the landscape of sex crimes, raising critical legal challenges in criminal law. This study examines how deepfake-related sex crimes should be regulated from the perspective of legal interest theory and analyzes the limitations of current legislation to propose more effective criminal law responses. First, this study establishes that deepfake sex crimes are not merely cases of defamation or invasion of privacy but rather serious violations of sexual self-determination and personal rights. Unlike traditional sex crimes, deepfake offenses do not involve physical contact; however, victims suffer severe psychological and social harm, underscoring their relevance to the fundamental legal interests protected by criminal law. Additionally, while recent legislative amendments have introduced provisions to regulate deepfake sex crimes, there is a risk that such regulations may conflict with the principles of culpability and the clarity of criminal law provisions. In particular, provisions that criminalize mere possession or viewing of deepfake content may violate the principle of ultima ratio and proportionality in criminal law, necessitating further legal refinement. Furthermore, this study highlights the necessity of preventive and educational approaches, particularly regarding juvenile offenders. Given that a significant proportion of deepfake sex crime perpetrators are juveniles, punitive measures alone may be insufficient to address the issue. A complementary approach incorporating educational programs and preventive policies is essential. In conclusion, deepfake sex crimes represent a new form of offense that infringes upon sexual self-determination and personal rights, necessitating a robust legal response. This study underscores the need to reestablish the legal interests protected by criminal law while ensuring a balanced legislative approach that safeguards victims while preventing excessive penalization.