2023 한국의 범죄현상과 형사정책

제1부
한국의 범죄현상 ········································································ 1

제1장 최수형
범죄의 발생 추세 및 특성 ·························································· 3
제1절 범죄의 발생과 처리 현황 및 추세 ···················································· 6
1. 범죄의 발생 현황과 추세 ······································································ 6
2. 범죄의 처리 현황과 추세 ···································································· 10
제2절 형법범죄자 및 피해자 관련 특성 ··················································· 19
1. 범죄자 관련 특성 ················································································ 19
2. 피해자 관련 특성 ················································································ 35
제3절 소결 ······························································································ 40

제2장 성유리
주요 지표범죄의 발생 추세 및 특성 ········································ 45
제1절 살인범죄의 발생 추세 및 특성 ······················································· 49
제2절 방화범죄의 발생 추세 및 특성 ······················································· 52
제3절 강도범죄의 발생 추세 및 특성 ······················································· 55
제4절 절도범죄의 발생 추세 및 특성 ······················································· 58
제5절 성폭력범죄의 발생 추세 및 특성 ··················································· 60
제6절 폭행·상해범죄의 발생 추세 및 특성 ·············································· 64
제7절 사기범죄의 발생 추세 및 특성 ······················································· 67
제8절 소결 ······························································································ 69

제3장 조제성
범죄피해 동향 및 특성 ····························································· 71
제1절 주요 범죄의 피해 발생률 ······························································· 77
1. 범죄피해자 수 및 범죄피해자 발생률 ················································· 78
2. 범죄피해 발생 건수 및 범죄피해발생률 ·············································· 80
제2절 주요 범죄의 피해내용 및 결과 ······················································· 82
1. 주요 범죄피해의 일반적 특징 ····························································· 82
2. 범행수법 ····························································································· 86
3. 주요 범죄의 피해 결과 ········································································ 89
4. 주요 범죄의 피해 신고율과 신고 및 미신고 사유 ································ 92
제3절 한국의 범죄피해 동향 및 특성 요약 ·············································· 95
1. 주요 범죄의 피해 발생률 ···································································· 96
2. 주요 범죄의 피해 특성 ········································································ 97

제2부
범죄유형별 실태와 대책 ························································ 101

제1장 배상균
소년범죄 ················································································ 103
제1절 서론 ···························································································· 105
제2절 소년범죄의 발생 현황 ································································· 106
1. 전체 소년범죄의 발생 실태 ······························································ 106
2. 소년범죄 주요 유형별 발생 현황 ······················································ 109
3. 소년범의 특성 ·················································································· 113
제3절 소년범의 처리 현황 ···································································· 115
1. 검찰의 소년사건 처리 현황 ······························································ 115
2. 법원의 소년범에 대한 처분 현황 ······················································ 117
제4절 소년범에 대한 처우 ···································································· 124
1. 소년 보호처분 대상자 ······································································· 124
2. 소년형사처분 대상자에 대한 처우 ···················································· 128
제5절 결론 ···························································································· 131

제2장 조성현
성폭력범죄 ············································································ 133
제1절 성폭력범죄의 발생 실태 및 처리 현황 ········································· 135
1. 성폭력범죄 발생 실태 ······································································· 135
2. 성폭력범죄자 처리 현황 ··································································· 140
제2절 성폭력범죄의 특성 ······································································ 145
1. 성폭력범죄 가해자의 사회인구학적 특성 ········································· 145
2. 성폭력범죄 발생상의 특성 ································································ 147
3. 성폭력범죄 피해자의 사회인구학적 특성 ········································· 149
제3절 디지털 성폭력범죄의 발생 실태 및 처리 현황 ····························· 152
1. 카메라를 이용한 촬영 ······································································· 152
2. 통신매체 이용음란죄 ········································································ 155
제4절 소결 ···························································································· 157

제3장 홍세은
여성범죄 ················································································ 161
제1절 여성범죄의 발생과 처리 현황 및 추세 ········································· 163
1. 여성범죄의 발생 현황과 추세 ··························································· 163
2. 범죄유형별 발생 추세 ······································································· 165
3. 여성범죄자의 처분 현황 ··································································· 170
제2절 여성범죄자의 특성 ······································································ 172
1. 여성범죄자의 연령 ··········································································· 172
2. 여성범죄자의 직업 ··········································································· 174
3. 여성범죄자의 공범여부 및 공범관계 ················································ 176
4. 여성범죄자의 전과 ··········································································· 178

제4장 안성훈
정신장애인범죄 ····································································· 183
제1절 정신장애인 범죄 발생 현황 및 추이 ············································ 186
1. 정신장애인 범죄 발생 추이 ······························································ 186
제2절 정신장애 범죄자의 특성 ······························································ 187
1. 주요 죄명별 검거 현황 ····································································· 187
2. 전과 현황 ························································································· 189
3. 생활환경별 현황 ··············································································· 190
제3절 제1심 치료감호사건 처리 내역 ··················································· 191
제4절 치료감호소 수용자 현황 ······························································ 192
1. 치료감호소 수용자 현황 ··································································· 192
2. 치료감호 종료·가종료 ······································································ 195
제5절 소결 ···························································································· 196

제5장 임정재
외국인범죄 ············································································ 199
제1절 외국인범죄의 발생 동향 ······························································ 201
1. 외국인범죄의 발생 추이 ··································································· 202
2. 외국인범죄의 범죄유형별 발생 동향 ················································ 205
3. 외국인범죄의 국적별 발생 동향 ······················································· 208
제2절 내·외국인의 거주 인구 대비 범죄발생률 비교 ····························· 211
1. 내국인과 체류외국인의 인구 구성과 그 특징 ···································· 211
2. 내·외국인범죄의 인구 10만 명당 검거인원지수 비교 ······················· 216
제3절 소결 ···························································································· 221
1. 외국인범죄의 범죄유형 및 국적별 발생 동향 ···································· 221
2. 내·외국인의 범죄발생률 비교 ··························································· 222

제6장 김낭희
마약류범죄 ············································································ 225
제1절 마약류범죄 현황 ········································································· 227
1. 마약류사범 현황 ··············································································· 227
2. 범죄유형별 현황 ··············································································· 229
3. 지역별 현황 ······················································································ 230
4. 범죄원인별 현황 ··············································································· 232
5. 마약류 광고 단속 현황 ····································································· 232
6. 외국인 마약류사범 현황 ··································································· 233
7. 마약류범죄계수 ················································································ 233
제2절 마약류범죄자 특성 ······································································ 234
1. 마약류사범의 성별 현황 ··································································· 234
2. 마약류사범의 연령별 현황 ································································ 237
3. 마약류사범의 직업별 현황 ································································ 240
제3절 마약류사범 재범 및 처분 현황 ···················································· 242
1. 마약류사범 재범률 ··········································································· 242
2. 마약류사범 구속률 ··········································································· 243
3. 마약류사범 검찰 처분 ······································································· 244
4. 마약류사범 1심 재판 결과 ································································ 246
제4절 소결 ···························································································· 249

제7장 이천현
부패범죄 ················································································ 251
제1절 서론 ···························································································· 253
제2절 주요 반부패 법령 위반 실태 ························································ 256
1. 부패방지권익위법과 부패행위 ·························································· 256
2. 공직자 행동강령 위반행위 ································································ 265
3. 공익신고자보호법과 공익침해행위 ··················································· 267
4. 청탁금지법과 위반행위 ···································································· 272
5. 복지보조금 부정수급행위 ································································· 274
제3절 공무원범죄 발생 현황 및 추이 ···················································· 276
1. 공무원범죄의 발생 현황 및 추이 ······················································ 276
2. 공무원범죄자 현황 및 처분 결과 ······················································ 279
제4절 소결 ···························································································· 284

제8장 윤해성
교통범죄 ················································································ 287
제1절 서설 ···························································································· 289
제2절 교통사고 현황과 실태 ································································· 291
1. 교통사고 추세 ·················································································· 291
2. 2021년 대비 2022년 교통사고 현황 ··············································· 293
3. 사고유형별 교통사고 ········································································ 294
제3절 교통범죄 발생 실태 ···································································· 296
1. 10년간 교통범죄 추이 분석 ····························································· 296
2. 2022년 교통범죄 실태와 현황 ························································· 297
제4절 교통범죄 검거 및 처분 현황 ························································ 298
1. 2022년 검거 현황 ············································································ 298
2. 2022년 교통 범죄자 처분 결과 ························································ 299
3. 교통범죄 추이 ·················································································· 301
제5절 형사정책적 동향 정리 ································································· 302

제3부
한국의 형사정책 ···································································· 305

제1장 권수진·이승현·김민영
주요 형사정책 동향 ······························································· 307
제1절 교정보호 정책 동향 ···································································· 309
1. 교정정책 ·························································································· 309
2. 보호정책 ·························································································· 312
제2절 소년보호 정책 동향 ···································································· 324
1. 교육부의 소년보호 정책 동향 ··························································· 324
2. 여성가족부의 소년보호 정책 동향 ···················································· 333
3. 경찰의 소년보호 정책 동향 ······························································ 335
4. 법무부의 소년보호 정책 동향 ··························································· 338
제3절 범죄피해자 보호 정책 동향 ························································· 341
1. 범죄피해자 보호·지원 체계 ······························································ 341
2. 경찰의 범죄피해자 보호·지원정책 동향 ············································ 351
3. 검찰의 범죄피해자 보호지원 동향 ···················································· 357
4. 법무부의 범죄피해자 보호지원 동향 ················································ 367
5. 법원의 범죄피해자 보호지원 동향 ···················································· 373

제2장 조준택·박경규·정유나·장진환
형사사법기관 정책 동향 ························································ 379
제1절 경찰 ···························································································· 381
1. 현장 대응력 강화를 위한 경찰대혁신 및 조직개편 추진 ··················· 381
2. 주요 범죄에 대한 대응 및 정책 ························································· 384
3. 피해자 보호 및 교통안전 정책 ·························································· 390
4. 소결 ································································································· 393
제2절 검찰 ···························································································· 394
1. 2023년 동향 개관 ············································································ 394
2. 법무·검찰 중점 추진 정책 ································································· 395
3. 평가 ································································································· 404
제3절 법원 ···························································································· 405
1. 주요동향 ·························································································· 405
2. 2023년 주요 전원합의체 판결 및 판례 ············································ 409
제4절 헌법재판소 ················································································· 430
1. 헌법재판소 사건 동향 ······································································· 430
2. 헌법재판소 주요 결정 ······································································· 431

제3장 윤지영·박중욱
형사입법 동향 ········································································ 449
제1절 형사실체법 입법 동향 ································································· 451
1. 형법 ································································································· 452
2. 형사특별법 ······················································································· 474
제2절 형사절차법 입법 동향 ································································· 490
1. 형사소송법 ······················································································· 491
2. 법원조직법 ······················································································· 508
3. 검찰청법 ·························································································· 515
4. 고위공직자범죄수사처 설치 및 운영에 관한 법률 ····························· 517