지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2020.12
- 수록면
- 22 - 42 (21page)
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초록· 키워드
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Recently, the proportion and role of elderly people aged 65 and over in society is increasing. In addition, the crimes committed by the elderly are also on the rise. Especially in the case of elderly criminals, it even shows a high recidivism rate, which has been pointed out as a problem. And when examining the scope of the current punishment for criminal juveniles, it is said that the ages subject to juvenile judicial protection are from 10 years old to under 19 years old. In addition, in the case of protective measures, the actual situation is that they are classified into multiple stages from entrustment of parents to transfer to juvenile training schools. In addition, boys aged between 10 and under 19 years of age who are subject to probation should also include boys 14 years of age or older who can impose penalties. From this point of view, boys between the ages of 14 and 19 are subject to punishment and are also subject to protective disposition Under the current juvenile law, whether punishment or protection is imposed is left to the judgment of the inspection ship.
Furthermore, it is settled based on the notification case under the judgment of the juvenile department of the family court. This method of juvenile delinquency is centered around the criminal policy consideration of "healthy upbringing of juveniles." In this way, a plan to diversify the scope of punishment should be introduced for the elderly with crime. In addition, as with juveniles., it should be considered to subdivide the elderly into those to be punished, those to be protected, and those who are incapable of committing crimes, and to seek treatment for each. Properly under the criminal procedure. Furthermore, it is necessary to subdivide the elderly criminals into more specific age groups referring to the age standard applied to juveniles. Since the difference in criminal ability to commit crimes by age is obvious, the ability of elderly criminals should be judged based on the difference in age group. The Penal Code stipulates that "acts of persons under the age of 14 will not be punished" in relation to age, and clarifies the criteria for criminal minors by age. The Criminal Law is a form of a person with a faulty responsibility and is classified as a criminal minor and a mentally incompetent person. In addition, they are categorized into those with limited responsibility, mentally and physically weak and deaf. The crime statistics for the elderly over the age of 71 are similar to the crime statistics for the elderly over the age of 61 or 65, so it is reasonable to regard the age of crimes against the elderly as 71 years or older. In order to differentiate criminal punishment according to the criminal elder"s ability to be responsible, the age of the criminal elder must be increased. The age standard needs to be subdivided as well as the juveniles age standard. These should be classified into the elderly criminal as a punishment target, the elderly criminal and urgency as a protection target, and the elderly as the incapable of responsibility. Seen in this way, the scope of punishment for the criminal elderly is around 85 years old based on age, and whether or not they are responsible or not. Criminal elderly people aged 86 and over can be classified as incapacitated persons and can be operated by introducing a system to entrust them to a management facility under the Geriatrics Association instead of criminal punishment.
Furthermore, it is settled based on the notification case under the judgment of the juvenile department of the family court. This method of juvenile delinquency is centered around the criminal policy consideration of "healthy upbringing of juveniles." In this way, a plan to diversify the scope of punishment should be introduced for the elderly with crime. In addition, as with juveniles., it should be considered to subdivide the elderly into those to be punished, those to be protected, and those who are incapable of committing crimes, and to seek treatment for each. Properly under the criminal procedure. Furthermore, it is necessary to subdivide the elderly criminals into more specific age groups referring to the age standard applied to juveniles. Since the difference in criminal ability to commit crimes by age is obvious, the ability of elderly criminals should be judged based on the difference in age group. The Penal Code stipulates that "acts of persons under the age of 14 will not be punished" in relation to age, and clarifies the criteria for criminal minors by age. The Criminal Law is a form of a person with a faulty responsibility and is classified as a criminal minor and a mentally incompetent person. In addition, they are categorized into those with limited responsibility, mentally and physically weak and deaf. The crime statistics for the elderly over the age of 71 are similar to the crime statistics for the elderly over the age of 61 or 65, so it is reasonable to regard the age of crimes against the elderly as 71 years or older. In order to differentiate criminal punishment according to the criminal elder"s ability to be responsible, the age of the criminal elder must be increased. The age standard needs to be subdivided as well as the juveniles age standard. These should be classified into the elderly criminal as a punishment target, the elderly criminal and urgency as a protection target, and the elderly as the incapable of responsibility. Seen in this way, the scope of punishment for the criminal elderly is around 85 years old based on age, and whether or not they are responsible or not. Criminal elderly people aged 86 and over can be classified as incapacitated persons and can be operated by introducing a system to entrust them to a management facility under the Geriatrics Association instead of criminal punishment.
목차
Ⅰ. 서론
Ⅱ. 범죄노인의 형사책임능력
Ⅲ. 범죄노인 유사 법령 및 제도의 분석
Ⅳ. 범죄노인에 대한 대응책
Ⅴ. 결론
참고문헌
Abstract
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