韩国跟踪骚扰的风险概况:分析初步法律对策后第一年的法院判决。

IF 5.4 1区 社会学 Q1 CRIMINOLOGY & PENOLOGY
Won Lee, Sunghyun Kim, Seungju Baek, Hyunji Woo, Sihyun Park
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引用次数: 0

摘要

韩国于 2021 年 10 月 21 日实施了名为《惩治盯梢犯罪法》(APCS)的专门立法,以解决盯梢问题。本研究通过回顾和分析《跟踪犯罪惩治法》实施第一年内最终判决的法律案件,对韩国与跟踪事件相关的风险进行了评估。数据是通过系统搜索韩国最高法院书面判决管理系统数据库收集的。我们确定了 2021 年 10 月 21 日至 2022 年 10 月 14 日期间发生的 193 起与跟踪相关的案件。我们根据以下四项风险特征标准对这些案件进行了分析:跟踪者和受害者的特征、跟踪者与受害者关系的性质、跟踪行为背后的动机以及跟踪行为的模式。此外,我们还通过分析跟踪者与受害者之间的关系和跟踪者的潜在动机来评估与跟踪有关的风险,从而审查了适用《犯罪预防系统》和《刑法》的案件。约有 16.6%的跟踪者被诊断患有精神疾病,其中最常见的疾病是精神病。受害者的平均年龄为 42.84 岁,女性受害者的比例高于男性。跟踪者主要是受害者的前亲密伴侣,大多数情况下是出于被拒绝的动机。与间接方式(如反复发送不受欢迎的信息)或非接触行为(包括监视和闲逛)相比,直接接触方式(如身体接触)更常见。研究结果提供了韩国未得到充分研究的刑事跟踪问题的最新概况。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Risk Profile of Stalking in South Korea: Analyzing the First Year of Court Decisions Following Initial Legal Responses.

South Korea implemented specific legislation titled the Act on Punishment of Crimes of Stalking (APCS) on October 21, 2021, to address the issue of stalking. This study evaluated the risks associated with stalking incidents in South Korea by reviewing and analyzing legal cases with finalized judgments within the first year of the APCS. Data were collected through a systematic search of the Korean Supreme Court's Written Judgment Management System database. We identified 193 stalking-related cases between October 21, 2021, and October 14, 2022. These cases were analyzed based on four risk profile criteria: profiles of stalkers and victims, the nature of stalker-victim relationships, motivations behind stalking, and patterns of stalking behavior. Further, we reviewed cases to which the APCS and the Criminal Act applied by analyzing stalker-victim relationships and the stalkers' underlying motivations to assess the risks associated with stalking. Approximately 16.6% of stalkers were diagnosed with mental disorders, the most common disorder being psychosis. The average age of the victims was 42.84 years, with a higher prevalence of female victims compared to male ones. Predominantly, stalkers were former intimate partners of the victims, with most cases motivated by rejection. Direct contact methods, such as physical approaches, have been observed more frequently than indirect methods, such as repeated unwanted messages, or non-contact behaviors, including surveillance and loitering. The findings provide an up-to-date overview of the under-examined criminal stalking issue in South Korea.

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来源期刊
CiteScore
13.60
自引率
7.80%
发文量
131
期刊介绍: Trauma, Violence, & Abuse is devoted to organizing, synthesizing, and expanding knowledge on all force of trauma, abuse, and violence. This peer-reviewed journal is practitioner oriented and will publish only reviews of research, conceptual or theoretical articles, and law review articles. Trauma, Violence, & Abuse is dedicated to professionals and advanced students in clinical training who work with any form of trauma, abuse, and violence. It is intended to compile knowledge that clearly affects practice, policy, and research.
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