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스토킹 범죄의 특성 및 대응강화 방안(Ⅰ)

  • 작성일2023.12.31
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스토킹 범죄의 특성 및 대응강화 방안(Ⅰ)

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연구책임자, 소속기관,내부연구참여자,외부참여연구자,발행기관,공개여부,출판일,등록일,페이지,분류기호,언어,판매여부,판매가격,보고서유형,ISBN,표준분류,연구유형,자료유형
연구책임자 윤정숙 소속기관 한국형사·법무정책연구원
내부연구참여자 윤정숙 외 1인 외부참여연구자 한민경,김지연
발행기관 한국형사·법무정책연구원 공개여부 공개
출판일 2023년 12월 등록일 2023.12.31
페이지 478 분류기호 23-B-18
언어 한국어 판매여부 판매
판매가격 15,000원 보고서유형 일반연구보고서
ISBN 979-11-986225-3-2 표준분류 일반공공행정 및 공공안전 > 공공행정 및 공공안전일반
연구유형 정책 자료유형 연구보고서


목 차
국문요약····················································································1
제1장윤정숙․김지연
서론·························································································19
제1절 서론·····························································································21
1. 연구의 배경 및 목적··········································································21
2. 연구의 내용 및 방법··········································································24
제2절 스토킹 범죄 발생 및 피해자 보호조치 현황··································26
1. 스토킹 사건 112 신고 현황······························································26
2. 스토킹 처벌법 위반 현황···································································26
3. 범죄피해 조사상의 발생 현황····························································28
4. 피해자 보호조치 현황········································································29
제3절 스토킹 범죄의 특성 및 대응에 관한 선행연구······························30
1. 스토킹 개념 및 정의··········································································30
2. 스토킹의 유형···················································································33
3. 스토킹 가해자의 특성········································································42
4. 스토킹과 폭력성················································································47
5. 스토킹 범죄의 재범, 위험성 평가와 대응방법···································52
제2장윤정숙․김지연
스토킹 범죄자 특성 조사························································65
제1절 스토킹 범죄자의 특성 기록 조사 및 위험성 평가··························67
1. 조사 개요··························································································67
2. 스토킹 범죄와 가해자의 일반적 특성················································73
iv스토킹 범죄의 특성 및 대응 강화 방안
3. 스토킹 범죄자의 유형별 분석····························································82
4. 스토킹 가해자의 위험성 평가····························································88
5. 종합 분석··························································································97
제2절 스토킹 범죄자 심리검사····························································101
1. 조사 개요························································································101
2. 타당도 확인····················································································108
3. 신경증 및 정신병 척도군·································································111
4. 성격장애 및 물질관련 척도군··························································118
5. 치료고려척도군 및 대인관계 척도···················································123
6. 종합 분석························································································125
제3절 스토킹 범죄자 심층면담 조사····················································127
1. 조사 개요························································································127
2. 라포형성 및 스토킹 범죄 인지 점검················································129
3. 어린 시절 및 사회화 과정·······························································131
4. 사회정서적 기능·············································································138
5. 스토킹 범죄 진행과정 및 피해자에 대한 인식·································145
6. 본인이 지각하는 가장 큰 문제 및 프로그램 니즈·····························149
7. 종합 분석························································································156
제3장한민경
경찰단계의 스토킹 피해자 보호 현황 조사··························159
제1절 초점집단 면접조사·····································································161
1. 조사 개요························································································161
2. 조사 결과························································································166
3. 조사결과 요약 및 종합····································································211
제2절 인식조사····················································································214
1. 조사 개요························································································214
2. 조사 결과························································································226
3. 조사결과 요약 및 종합····································································269
목차v
제4장이승현
스토킹처벌법의 쟁점과 개선과제·········································275
제1절 「스토킹처벌법」의 입법배경과 주요내용····································277
1. 「스토킹처벌법」의 입법배경····························································277
2. 제정 「스토킹처벌법」의 주요내용····················································278
3. 개정 「스토킹처벌법」의 주요내용····················································282
4. 「스토킹처벌법」의 주요쟁점····························································290
제2절 스토킹범죄 구성요건의 쟁점·····················································292
1. ‘스토킹 행위’와 ‘스토킹 범죄’의 정의·············································292
2. 스토킹 행위 유형의 기술방식 문제·················································293
3. 온라인스토킹 규율의 한계······························································301
4. 보충적 구성요건의 필요성······························································303
5. 스토킹행위·범죄 판단의 어려움······················································305
제3절 스토킹범죄 사건처리절차의 쟁점··············································309
1. 스토킹범죄 사건처리절차·······························································309
2. 보호조치 승인절차에 따른 이행 지연문제·······································310
3. 응급조치의 실효성 문제··································································311
4. 긴급응급조치의 실효성 문제···························································312
5. 잠정조치의 실효성 문제··································································315
제4절 스토킹범죄 피해자보호의 쟁점··················································318
1. 현행 스토킹범죄 피해자 보호 규정·················································318
2. 제한된 피해자 개념·········································································320
3. 피해자의 적극적인 대응 어려움······················································324
4. 신변안전조치의 미흡······································································327
5. 피해자의 정보보호 미흡··································································331
제5절 스토킹범죄 처벌규정의 쟁점·····················································333
1. 스토킹 범죄의 처벌 규정·································································333
2. 가중 처벌 규정의 부재····································································335
3. 반의사불벌죄 삭제에 따른 보완 필요성···········································341
제6절 「스토킹처벌법」의 개선과제······················································347
1. 스토킹범죄 구성요건 규정의 정비방안············································347
vi스토킹 범죄의 특성 및 대응 강화 방안
2. 스토킹 사건처리절차의 개선방안····················································352
3. 스토킹 피해자 보호 강화방안··························································356
4. 스토킹범죄 처벌규정 개정방안·······················································360
제5장윤정숙․이승현․한민경
연구요약 및 정책 제언··························································363
제1절 연구결과 요약···········································································365
1. 스토킹 범죄의 특성·········································································365
2. 경찰단계의 스토킹 피해자 보호 개선방안·······································371
3. 스토킹 처벌법의 현황과 과제··························································376
제2절 정책 제언 및 결론······································································380
1. 스토킹 특성을 고려한 가해자 위험 관리·········································380
2. 경찰단계의 스토킹 피해자 보호 개선방안·······································393
3. 스토킹처벌법의 개선방안·······························································400
참고문헌···············································································405
Abstract···············································································425
부록·······················································································441
1. 수사재판기록조사지····················································································441
2. 심층면담질문지···························································································444
3. 경찰 대상 설문지·························································································448
목차 vii
표 차례
[표 1-2-1] 스토킹 사건 112 신고 현황 ·············································································· 2 6
[표 1-2-2] 스토킹처벌법 위반 현황···················································································· 2 7
[표 1-2-3] 스토킹처벌법 위반 선고형 결과(형사공판사건 스토킹 재판 1심)························ 27
[표 1-2-4] 평생 스토킹 행위 유형 ······················································································ 2 8
[표 1-2-5] 긴급응급조치(법원결정) ···················································································· 2 9
[표 1-2-6] 잠정조치(법원결정) ·························································································· 2 9
[표 2-1-1] 수사재판기록 소재지 정보················································································ 6 8
[표 2-1-2] 수사재판기록조사 항목····················································································· 7 2
[표 2-1-3] 스토킹 가해자의 사회인구학적 특징(N = 112)················································· 74
[표 2-1-4] 스토킹 가해자의 전과이력 및 정신병리적 이력(N = 112)··································75
[표 2-1-5] 스토킹 범죄 사건 특성 기술통계(N = 112) ······················································· 77
[표 2-1-6] 스토킹 범죄 가해자의 판결 결과······································································· 7 9
[표 2-1-7] 스토킹 범죄 가해자의 추가처분 판결 결과························································· 80
[표 2-1-8] 스토킹 범죄 피해자 특성 기술통계····································································81
[표 2-1-9] 스토킹 가해자 유형별 빈도와 평균나이····························································· 8 2
[표 2-1-10] 스토킹 가해자 유형에 따른 전과 이력 및 교제시 폭력여부······························· 83
[표 2-1-11] 스토킹 가해자 유형에 따른 약물남용 이력······················································· 84
[표 2-1-12] 스토킹 가해자 유형에 따른 정신병력 이력······················································· 85
[표 2-1-13] 스토킹 가해자 유형별 가해자-피해자 관계····················································· 85
[표 2-1-14] 스토킹 가해자 유형별 스토킹 지속기간··························································· 8 6
[표 2-1-15] 스토킹 가해자 유형별 스토킹 사건 중 (성)폭력범죄 여부································· 87
[표 2-1-16] 스토킹 가해자 유형별 스토킹처벌법 상의 행위 빈도 ······································· 88
[표 2-1-17] SAM 스토킹 특성(N) 요인과 문항에 대한 기술통계(N = 112) ························ 89
[표 2-1-18] SAM 가해자 위험(P) 요인과 문항에 대한 기술통계(N = 112) ························90
[표 2-1-19] SAM 피해자 취약성(V) 요인과 문항에 대한 기술통계(N = 112) ····················· 91
[표 2-1-20] 스토킹 가해자 유형에 따른 SAM 요인별 점수················································· 92
[표 2-1-21] 스토킹 가해자 유형에 따른 SAM 재범 위험성················································· 93
[표 2-1-22] SAM의 P요인-N요인 이변량 상관관계 분석·················································· 95
[표 2-1-23] SAM의 V요인-N요인 이변량 상관관계 분석·················································· 97
viii 스토킹 범죄의 특성 및 대응 강화 방안
[표 2-2-1] 심리검사 실시 여부에 따른 나이, 형량, 위험성 평균 비교································ 102
[표 2-2-2] PAI 척도 ········································································································ 1 0 3
[표 2-2-3] PAI 신경증척도군의 대척도 및 소척도···························································· 1 0 5
[표 2-2-4] PAI 정신병척도군의 대척도 및 소척도···························································· 1 0 6
[표 2-2-5] PAI 성격장애척도군의 대척도 및 소척도························································ 1 0 7
[표 2-2-6] 유효사례수의 타당도척도의 평균 및 표준편차(일반성인규준)·························· 110
[표 2-2-7] 신경증척도군 전체척도의 평균 및 표준편차···················································· 1 12
[표 2-2-8] 스토킹유형별 신경증척도군 전체척도의 평균 및 표준편차······························· 112
[표 2-2-9] 재범위험성별 신경증척도군 전체척도의 평균 및 표준편차······························· 113
[표 2-2-10] 스토킹 유형별 신경증척도군 하위척도 평균 및 표준편차······························· 114
[표 2-2-11] 정신병척도군 전체척도의 평균 및 표준편차·················································· 1 16
[표 2-2-12] 스토킹유형별 정신병척도군 전체척도의 평균 및 표준편차····························· 116
[표 2-2-13] 재범위험성별 정신병척도군 전체척도의 평균 및 표준편차····························· 117
[표 2-2-14] 스토킹 유형별 정신병척도군 하위척도 평균 및 표준편차······························· 117
[표 2-2-15] 성격장애척도군 전체척도의 평균 및 표준편차··············································· 119
[표 2-2-16] 스토킹유형별 성격장애척도군 전체척도의 평균 및 표준편차·························119
[표 2-2-17] 재범위험성별 성격장애척도군 전체척도의 평균 및 표준편차·························120
[표 2-2-18] 스토킹 유형별 성격장애척도군 하위척도 평균 및 표준편차····························120
[표 2-2-19] 물질관련척도군 전체척도의 평균 및 표준편차··············································· 122
[표 2-2-20] 스토킹 유형별 물질관련척도군 전체척도의 평균 및 표준편차························122
[표 2-2-21] SAM 위험성별 물질관련척도군 전체척도의 평균 및 표준편차······················· 122
[표 2-2-22] 치료고려척도군 전체척도의 평균 및 표준편차··············································· 123
[표 2-2-23] 대인관계척도군 전체척도의 평균 및 표준편차··············································· 124
[표 2-3-1] 심층면담대상자 정보······················································································ 1 2 7
[표 2-3-2] 심층면담 주요 조사 항목 ················································································ 1 2 8
[표 2-3-3] 심층면담 주요 조사 결과 ················································································ 1 5 6
[표 3-1-1] 초점집단 면접조사 참여 경찰관 특성······························································ 1 63
[표 3-1-2] 초점집단 면접조사 내용·················································································· 1 6 5
[표 3-2-1] 설문조사 시나리오 예시(1):
교제관계(전·현 연인 또는 배우자)×신체적 폭력 수반·····································219
[표 3-2-2] 설문조사 시나리오 예시(2):
교제관계(타인과의 교제 의심)×신체적 폭력 수반··········································· 219
[표 3-2-3] 설문조사 시나리오 예시(2):
교제관계(전·현 연인 또는 배우자)×신체적 폭력 미수반································· 219
목차 ix
[표 3-2-4] 설문조사 시나리오 예시(4):
교제관계(타인과의 교제 의심)×신체적 폭력 미수반·······································219
[표 3-2-5] 경찰관 집단별 스토킹범죄 조치 내용······························································ 2 20
[표 3-2-6] 스토킹 통념 수용 문항(1): McKeon et al.(2002, 2015) ······························· 223
[표 3-2-7] 스토킹 통념 수용 문항(2): Kamphuis et al.(2005) ······································· 2 2 5
[표 3-2-8] 조사참여 경찰관의 사회인구학적 특성···························································· 2 2 6
[표 3-2-9] 스토킹처벌법 개정사항 체감··········································································· 2 2 9
[표 3-2-10] 스토킹처벌법 개정사항의 피해자 보호 효과 평가·········································· 233
[표 3-2-11] 스토킹처벌법 개정 논의사항의 피해자 보호 효과 전망··································237
[표 3-2-12] 스토킹 통념 수용 문항 요인분석 결과··························································· 2 4 2
[표 3-2-13] 스토킹 통념 수용 정도: 경찰관 집단별 평균·················································· 2 44
[표 3-2-14] 스토킹 통념 수용 정도: 경찰관 집단별 등급·················································· 2 46
[표 3-2-15] 스토킹범죄에의 조치 결정 및 피해자 보호 필요성 판단(1): 지역경찰관·········248
[표 3-2-16] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 현행범인 체포 필요성 판단:
스토킹 통념 수용 정도별·············································································· 2 5 0
[표 3-2-17] 스토킹범죄에의 조치 결정 및 피해자 보호 필요성 판단(2):
스토킹전담경찰관························································································· 2 5 3
[표 3-2-18] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 임시숙소 이동 필요성 판단:
스토킹 통념 수용 정도별·············································································· 2 5 5
[표 3-2-19] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 민간 신변경호 필요성 판단:
스토킹 통념 수용 정도별·············································································· 2 5 8
[표 3-2-20] 스토킹범죄에의 조치 결정 및 피해자 보호 필요성 판단(3): 여청수사관·········260
[표 3-2-21] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 전자장치 부착 필요성 판단:
스토킹 통념 수용 정도별·············································································· 2 6 2
[표 3-2-22] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 유치 필요성 판단:
스토킹 통념 수용 정도별·············································································· 2 6 6
[표 3-2-23] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 구속 필요성 판단:
스토킹 통념 수용 정도별·············································································· 2 6 8
[표 3-2-24] 스토킹 통념 수용 정도, 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른
경찰의 피해자 보호조치 필요성 판단: MANOVA 및 ANOVA 분석결과········ 273
[표 4-1-1] 스토킹행위 구성요건의 변화··········································································· 2 8 3
[표 4-1-2] 스토킹행위 사건처리절차의 변화···································································· 2 8 5
[표 4-1-3] 스토킹범죄 피해자 보호절차의 변화······························································· 287
[표 4-1-4] 스토킹범죄 처벌규정의 변화··········································································· 2 8 9
x 스토킹 범죄의 특성 및 대응 강화 방안
[표 4-3-1] 「스토킹처벌법」상 보호조치의 유형································································310
[표 4-3-2] 스토킹범죄 잠정조치 결정 소요기간······························································· 311
[표 4-3-3] 스토킹범죄 긴급응급조치 현황······································································· 3 1 2
[표 4-3-4] 스토킹범죄 잠정조치 신청 및 승인 현황·························································· 3 1 6
[표 4-3-5] 「스토킹처벌법」 잠정조치 현황(2021.1~2022.6) ··········································· 3 17
[표 4-4-1] 개별 특례법에서 피해자보호 규정 비교··························································· 3 1 9
[표 4-4-2] 개별법에서 피해자 정보관련 규정 비교··························································· 3 3 2
[표 4-5-1] 스토킹범죄 112 신고 현황 ············································································· 3 3 4
[표 4-5-2] 스토킹범죄 검거 및 구속 현황 ········································································ 3 3 4
[표 4-5-3] 「스토킹처벌법」 위반 1심판결 처벌 현황························································· 3 3 6
[표 4-6-1] 보충적 구성요건 신설(안) ··············································································· 3 4 8
[표 4-6-2] 새로운 스토킹유형 신설(안) ············································································ 3 5 0
[표 4-6-3] 상대방의 의사관련 규정 개정(안) ···································································· 3 5 1
[표 4-6-4] 상대방등의 개념 확대 개정(안) ······································································· 3 5 1
[표 4-6-5] 스토킹범죄 개념의 개정(안) ············································································ 3 5 2
[표 4-6-6] 긴급응급조치 규정의 개정(안) ········································································ 3 5 4
[표 4-6-7] 잠정조치의 변경절차 개정(안) ········································································ 3 5 5
[표 4-6-8] 잠정조치의 유형 개정(안) ··············································································· 3 5 6
[표 4-6-9] 피해자 개념규정 개정(안) ··············································································· 3 5 7
[표 4-6-10] 피해자보호명령제도의 도입(안) ···································································· 3 5 8
[표 4-6-11] 피해자 정보보호 관련규정 개정(안) ······························································ 3 60
[표 4-6-12] 스토킹범죄 처벌 규정 개정(안) ····································································· 3 6 1
[표 5-2-1] 스토킹 범죄자 심리치료프로그램 모듈 예시···················································· 3 92
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그림 차례
[그림 2-2-1] 전체 대상자의 타당도척도 프로파일···························································· 1 1 1
[그림 2-2-2] 스토킹 유형별 신경증 척도군 하위척도의 프로파일·····································115
[그림 2-2-3] 스토킹 유형별 정신병척도군 하위척도의 프로파일······································· 118
[그림 2-2-4] 스토킹 유형별 성격장애척도군 하위척도 프로파일······································· 121
[그림 2-2-5] 스토킹 유형별 치료고려척도군 프로파일····················································· 1 24
[그림 2-2-6] 스토킹 유형벌 전체척도 프로파일······························································· 125
[그림 3-2-1] 스토킹처벌법 개정사항 체감: 경찰관 집단별 평균········································ 232
[그림 3-2-2] 스토킹처벌법 개정사항의 피해자 보호 효과 평가: 경찰관 집단별 평균·········236
[그림 3-2-3] 스토킹처벌법 개정 논의사항의 피해자 보호 효과 전망: 경찰관 집단별 평균 ······240
[그림 3-2-4] 스토킹 통념 수용 정도 전체 문항 평균: 경찰관 집단별································· 243
[그림 3-2-5] 스토킹 통념 수용 정도: 경찰관 집단별 및 요인별 평균································· 245
[그림 3-2-6] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른
현행범인 체포 필요성 판단·········································································· 2 4 9
[그림 3-2-7] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른
민간 신변경호 필요성 판단·········································································· 2 5 7
[그림 3-2-8] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른
전자장치 부착 필요성 판단·········································································· 2 6 1
[그림 3-2-9] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 유치 필요성 판단······264
[그림 3-2-10] 피해자-가해자 관계 및 신체적 폭력 수반 여부에 따른 구속 필요성 판단······267
[그림 4-2-1] 스토킹범죄의 구성요건 구조······································································· 3 0 5

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