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Sexual violence Special Act

Sexual violence Special Act. Chae seung woo (08128827) Na ju ok (09125426) Kuem ji min (10132788). Index. 01. 06. Instance. Purpose. 04. Revision points. 02. 05. 03. background. History. structure & contents. Purpose.

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Sexual violence Special Act

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  1. Sexual violence Special Act Chaeseung woo (08128827) Na ju ok (09125426) Kuemjimin (10132788)
  2. Index 01 06 Instance Purpose 04 Revision points 02 05 03 background History structure & contents
  3. Purpose
  4. Prevention of sexual crimes, and to protect its victims. And By exemption for regulations on the punishment of sexual crimes and the procedures the human rights of the people and to contribute to the establishment of a healthy social order. (Act No. 1 to the Act enacted as the criminal acts of sexual violence should no longer be allowed.)
  5. Aggravating Set to the regular criminal law against brother weighted by penalties that type more than that. E.X) Special, such as rape, the punishment of a crimeJoint: Article 4, paragraph 1) any weapon or other dangerous stuff with 2 or more people by life imprisonment or more than five years in prison
  6. Social change according to Thatcher 1) Can be sentenced to up to 50 years in prison. (From Oct. 16, 2010) 2) Internet, and personal information of sex offenders will be mailed to nearby residents. (From April 16 2011) 3) The thug's face in the course of investigation can disclose.4) Alcohol were not because of committed sexual harassment claim. 5) End of the track by increasing the statute of limitations for sexual assault offender, the perpetrator fled and can be punished. - The statute of limitations shall be suspended until the victim is 20- year-old to reach -DNA scientific evidence if there is a statute of limitations of 10-year extension 6) Texts according to the scope and gravity of sexual crimes,increased penalties will strengthen - If sentenced 13 Years old who raped more than 10 years in prison
  7. Background
  8. Sexual violence became pointed out the limitations of sexual assault on the existing legal framework is emerging as a serious social problem, eventually eradicate sexual violence of women's groups, movements occurred in 1993 and the enactment of a special law of sexual assault came to be. Promoting sexual abuse a special law enacted special committee in April 1992, was inaugurated by the Korean Women's Association United Nations agencies, multi-faceted activities came on January 5, 1994, the penalties and laws regarding the protection of victims of sexual crimes (Act No. 4702) 'Special Act) (hereinafter referred to sexual assault information is in April 1994 was performed.
  9. History
  10. January 5, 1994 first enactedJuly 20, 1994 administrativeAugust 22, 1997, AmendmentEffective August 25, 1994 rulemakingSecond revision December 28, 1998Enforce the rules, some revision 6 April 1999Enforcement Decree of 20 October 1999 some revision
  11. Problems Full sexual crimes Status
  12. Status of child sex crimes ◇ prosecutors filed a child under the age of 19 and young adult sexual abuse offenders 2007 2062 3,722 people in 2010, increased to 81% to the same period of full sexual assault offenders growth nearly 2.5 times to 33.5% ◇ About sexual abuse of children under the age of 13 offenders 2007 851 2010, 1,004 people 18% increase inKookminIlbo, 9/22 -
  13. sexual crimes Status Status of child sex crimes ◎ 2010 children and young adult sexual crimes 'Subjects' personal information registered sex offenders, 1,005 people (compared to 2009 +126) Victims of the events associated with 1316 people. (Compared to 2009 + 143) ◎ Crime Patterns- Sexual offenses by 46.9% of the victims relatives, etc. Does anyone know the damage※ pro-rape perpetrators of relatives and 50.1% who knows indecent assault, 40.3% Registration Rate According to the Korean Institute of Criminology, child sexual abuse was analyzed to have the social awareness of child sexual abuse in the last year, up from 2.2% in 2007 and 7.1% higher for actively changing. - Today Korea, 9/22 -
  14. Revision points
  15. -Enhances the punishment of the perpetrators. -In the course and investigation and trial should be considered Disabled particularity and human rights -To change the course of my investigation in order to reduce the secondary damage. Revised law Lack of victim’s human rights protection No care of the handicapped. For children 13 years to the exclusion of the statute of limitations. Problems in law
  16. Structure & Contents
  17. Article 3 Article 4 Article 5 Housebreaking, Trespass upon residence at night for stealing • Special larceny • Special robbery (attempts) Relative relation (Blood relative • relative by marriage within four kinship, Relative by actual relative) Armed with a deadly weapon, Or accompanied by one or more persons Rape, Indecent act by compulsion, Quasi-rape • Quasi-indecent act by compulsion Special robbery And rape etc. Rape about relative relation Special rape etc.
  18. Rape, Indecent act by compulsion etc about the disabled
  19. §11 §10 Indecent act by operational Force etc. Indecent act in populated public place And so on §12 §13 Lewd act using the communication Photograph using a camera
  20. Limitation periods for public prosecution • complaint Period for Public prosecution Period of complaint No complaint shall be made after the lapse of one year from the date on which the identity of the offender becomes known Rape • quasi-rape about a woman under 13years, the disabled : No the application of public prosecu -tion Case of minor : From the date of coming into majority
  21. About defendant criminal punishment attachment of an electronic device ≒offender's tag chemical castration ≒Megan's law registration of personal information disclosure
  22. The point in question 1. 법적 형평성 문제 while the death penalty is applied, it is not applied to the rape and quasi-rape about a woman under 13 years or the disabled about the application of public prosecution 2. A legislative error while a consummated cri me is not subject, an attempted crime is subject to personal information disclosure about 'photograph using a camera‘ (I asked a question Prosser. Park, and "a legislative error" he said )
  23. Instance
  24. Movie ‘도가니’ is very social issues. Therefore revision ofSexual violence Special Act by necessity and public opinion
  25. sexual assault With disabilities(장애인) and children under the age of 13 (enlargement) -> punishment 7 year, 10year & Life imprisonment(무기징역) sexual assault With disabilities(장애인) and children under the age of 13 -> Statute of limitations for the abolition(공소시효폐지) Ledgerof protection training facilities for the disabled and staff Sexual assault disabilities -> ½ punishment of weighted 도가니법(개정 사례) 2012년 8월부터는 By principals, teachers and occupational status sexual assault minor -> Shall be punished, regardless of punishment intention
  26. ' Woman of inability to protest(항거불능) by physical or mental disability ~ 도가니법(개정 사례) ' Woman of physical or mental disability~ ‘
  27. Complementary By public opinion 도가니법(개정 사례) Necessity(Social change, depending on the flow) The development of science Not be punished because don’t have law The occurrence of a new crime.
  28. The End Thank you for listening.
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