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KCI 등재
범죄피해자의 정신적 상처에 대한 형사법적 대응방안
Mental Injuries upon Criminal Victims Must Be Listed in the Sentencing Guidelines
김희균 ( Kim Hee-kyoon )
UCI I410-ECN-0102-2018-300-000251896
* 발행 기관의 요청으로 이용이 불가한 자료입니다.

Injury means, in our courts, physical one. The Supreme Court of Korea has sometimes tried to take into account of mental and emotional injuries in determining whether the defendant has imposed `bodily injuries` on the victim. However, it still hesitates to announce that mental injury is a part of bodily injuries. To the contrary, the United States Federal Sentencing Guidelines state that: “bodily injury” means injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ, or mental faculty; or requiring medical intervention such as surgery, hospitalization, or physical rehabilitation. Impairment of a function of mental faculty will be counted on finding criminal liability under the guidelines. Too many victims are suffering from mental and emotional injuries after the criminal accident. Typical symptoms are including depression and post-traumatic stress disorder but the victims are not qualified for the compensation from the government. Furthermore, the criminal courts do not care about what has visibly happened on the brains of criminal victims. They are often ignoring recent developments in the neuro-science, which clearly shows that mental defects are resulted from the criminal act on the victims. We need to re-define what is injury. Imposing mental illness on victim must be punished on a charge of injuring. It will help the criminal victims recover from the post-traumatic symptoms and get back to their daily lifes.

[자료제공 : 네이버학술정보]
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