• Title/Summary/Keyword: Criminal

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A Study on Problems and Solutions of Fire Investigation in Korean Fire Administration (화재조사 및 수사 업무의 실태분석과 개선방안)

  • 이춘하;권호한;남상화
    • Fire Science and Engineering
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    • v.15 no.1
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    • pp.116-126
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    • 2001
  • Fire investigation to examine ignition and combustion enlargement etc., to assess fire damage and to investigate a fire suspect, is used as a valuable data for better fire suppression and fire prevention police. Fire investigation is divided in to fire-cause investigation, fire-damage investigation, and fire-criminal investigation. At present, fire-cause investigation is lacking In scientific technology; specially is deficient in accurate damage assessment. And considering fore criminal investigation, since the police lacking in specialty on fire take exclusive charge of fire criminal investigation upon general investigation, it is difficult to investigate fire criminal effectively. Finally deficiency in fire investigation operates as very big blind-spot in fire safety having important axis in social safely; the loss is shifted on nation's shoulder. To solve those problems, legal, institutional, operational preparation is urgent. And so, this study tried to stabilize specialty of fire-fighting to offer more active, qualitative fire administration service, and to contribute to public peace and welfare by grasping problems after diagnosing Korean fire investigation and proposing the solutions.

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Digital Forensics Ontology for Intelligent Crime Investigation System (지능형 범죄수사 시스템을 위한 범용 디지털포렌식 온톨로지)

  • Yun, Han-Kuk;Lee, Sang-Hoon
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.12
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    • pp.161-169
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    • 2014
  • Digital forensics is the process of proving criminal charges by collecting and analyzing digital evidence which is related to the crime in question. Most digital forensic research is focused on digital forensic techniques themselves or cyber crime. In this paper, we designed a digital forensics-criminal investigation linked model in order to effectively apply digital forensics to various types of criminal investigations. Digital forensic ontology was developed based on this model. For more effective application of digital forensics to criminal investigation we derived specific application fields. The ontology has legality rules and adequacy rules, so it can support investigative decision-making. The ontology can be developed into an intelligent criminal investigation system.

Assessment of Psychopathic Personality and Interpersonal Problems in Korean Criminal Offenders with Schizophrenia (치료 감호중인 조현병 환자에서 정신병질 성격과 대인관계문제)

  • Wang, Seung-Keun;Kwon, JeeHyun;Lee, Jae-Woo;Chee, Ik-Seung
    • Anxiety and mood
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    • v.10 no.2
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    • pp.157-162
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    • 2014
  • Objective : This study was conducted to evaluate the validity of the Korean Inventory of Interpersonal Problems (K-IIP) with Psychopathic Personality Inventory-Revised (PPI-R) to assess interpersonal problems in Korean criminal offenders with schizophrenia. Methods : The sample consisted of 187 inpatients with schizophrenia who had committed crimes. All participants filled out self-report questionnaires ofPPI-R and K-IIP. Results : The result showed that all scales of K-IIP were correlated highly with the PPI-R total score (r range=0.25-0.65). Correlations with K-IIP scales were highest for Blame Externalization, Rebellious Nonconformity, and Machiavellian Egocentricity scales (r range=0.50-0.66, 0.43-0.64, 0.39-0.58, respectively). All scales of K-IIP exhibited a negative correlation with Social Influences, Stress Immunity, Coldheartedness (C) scale ofPPI-R. Cold/Distant scale ofK-IIP was not correlated with C scale of PPI-R. All scales of K-IIP was highly correlated with PPI-R-factor-2 (r range=0.44-0.71) and negatively correlated with PPI-R-factor-l (r range=-0.03-0.38). Conclusions : Despite of strong correlation between PPI-R total score and K-IIP total score, K-IIP was not correlated with PPI-R-I that represents affective and interpersonal deficits. It suggests K-IIP may not proper for measuring the interpersonal problems of criminal offenders with schizophrenia. It will be needed other assessment scale for measuring the interpersonal problems of psychopathy in criminal schizophrenia.

The Statute of the International Criminal Court of the Control Crime Due to the Regulation Coat Investigators of ICC (ICC규정상 ICC수사관에 의한 단속범죄의 한계)

  • Yoo In-Chang
    • The Journal of the Korea Contents Association
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    • v.6 no.1
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    • pp.85-92
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    • 2006
  • It seems extremely incongruous that genocide, crimes against humanity and war crimes could ever be justified or excused by 'defensive force'- self-defence, defence of others and defence of property. Nonetheless, art 31(1)(c) of the Rome Statute of the International Criminal Court codifies defensive force as a ground for excluding criminal responsibility. This provision was controversial and extremely difficult to negotiate at the Rome Conference of 1998, largely due to the conceptual differences that exist in respect of criminal defences between the various domestic legal systems of the world. This paper analyses the drafting history and wording of art 31(1)(c) in order to clarify the precise scope of defensive force under the Rome Statute. It then seeks to ascertain the applicability of the provision to genocide, crimes against humanity and war crimes, and to thereby explore the nature of these crimes and the intended prosecutorial strategy of the International Criminal Court.

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A Study on Solution of Impeachment Evidence in Criminal Proceedings for Employ by the Convergence (소송절차상 탄핵증거사용 문제에 있어서 융합적 해결에 대한 소고)

  • Lee, Chan-Yeub
    • Journal of the Korea Convergence Society
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    • v.6 no.5
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    • pp.207-217
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    • 2015
  • A Study on Problem of Impeachment Evidence in Criminal Proceedings for Employ by the Convergence Meaning of impeachment evidence in criminal proceedings is liking the spread of the branches moment. The first, there is to set limits of impeachment evidence. The amicable solution is to accept moving flexibly. In a concrete way must to make away with a constituent element unlawfulness. The second, problem a return to probative force exist. This problem agree in principle to resolve an issue for the testimony of an eyewitness. The third, how to admit that institution of criminal investigation after the testimony of an eyewitness exist. This attendant conditions are to eliminate illegality for the authenticity in he testimony of an eyewitness and for the observe due process. Therefore, we must observe due process without illegality to solve the problem for the convergence.

Legal framework and practices of public order management in England and Wales (잉글랜드와 웨일즈의 공공질서 관리 관련 법적 틀 및 법집행 형태)

  • Jung, Jeyong;Ellis, Tom
    • Korean Security Journal
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    • no.54
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    • pp.203-222
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    • 2018
  • Public order management is one of the most important areas in policing. Drawing on the legal framework and policy, this study aims to assess practices of criminal justice practitioners, especially, police and prosecutors, in England and Wales. Using qualitative interviewing, four main themes are identified: (1) an emphasis on a right to protest, (2) police practices on public order management, (3) the development of police/prosecutor liaison, and (4) the value of video evidence. Based upon these findings, several legal, policy and practice implications are drawn. These implications involve a wide range of aspects concerning strategic, operational, and tactical interventions by the police, as well as collaboration between police and prosecutors. Although the criminal justice context in England and Wales is very different to South Korea, some practices and distinctions can be useful to consider in the Korean context. This study suggests that more gains can be made if legislation, policy, and practice across criminal justice nodes can be coordinated and approached holistically.

A Study on Forensic Integrity Proof Standard a Cellular Phone Confiscation Criminal Investigation (휴대폰 압수수색 표준절차와 포렌식 무결성 입증)

  • Lee, Gyu-An;Park, Dae-Woo;Shin, Young-Tae
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.33 no.6C
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    • pp.512-519
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    • 2008
  • The proof of a cellular phone used to a crime important data of a criminal investigation and legal judgment become. A lot of on a process use the file format that do not become that is kind of various cellular phones and model pipe, and collect criminal proof, and to analyze be difficult. Also, standardization is not made, and can be adopted on procedures from confiscation search processes regarding a cellular phone to integrity extractions of Forensic data in courts in the confiscation criminal investigation spots. Standardize confiscation search procedures of a cellular phone at these papers. Use a radio waves interception envelope and radio waves interception device for a movement which a security does integrity of criminal on-site cellular phone confiscation search data by standard procedures, and was devoted to. Analyze corroborative facts of a cellular phone seized, and verify integrity, and present problems regarding cellular phone confiscation search procedures and measures, and will contribute in development of Mobile Forensic through integrity damage experiment.

Reexamination of the Cyber Insult Crime For securing the Internet Ethics (인터넷윤리 확보를 위한 사이버모욕죄의 재검토)

  • Kim, Jae-Nam;Park, Jong-Ryeol
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.6
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    • pp.111-120
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    • 2013
  • Recently, in the cyberspace, the posts that have only insults and abuses without the fact are getting spread rapidly as a trend, it makes the damage to people also, and the social concerns have been raised about its phenomenon. Meanwhile, because of the insulting actions that performed in cyberspace, the results of infringement of personal rights conditions getting difficult to repair. Also, it is difficult to find who the person who acts as a perpetrator is. So, it is hard to report a crime or sued for damages, also, it is really difficult to deal with a criminal contempt. Also, cause of a lot of deficient areas, the Cyber Insult Crime act is need and strengthened penalties or Mitigation about the crime subject to victim's complaint are need. However, give the criminal penalties to criminal is sufficient. So, to construct a new special criminal law, it is not advisable. Thus, governed by the Criminal Code Section 311 is preferably.

A Study of Network Forensics related to Internet Criminal at UCC (UCC와 관련된 인터넷 범죄에 대한 네트워크 포렌식 연구)

  • Lee, Gyu-An;Park, Dea-Woo;Shin, Young-Tae
    • Journal of the Korea Society of Computer and Information
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    • v.13 no.2
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    • pp.143-151
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    • 2008
  • 74% of Internet users use the UCC, and You Tube using firearms in a crime occurred. Internet crime occurred in the online, non-face transaction, anonymous, encapsulation. In this paper, we are studied a Network Forensic Way and a technique analyze an aspect criminal the Internet haying appeared at Internet UCC, and to chase. Study ID, IP back-tracking and position chase through corroborative facts collections of the UCC which used UCC search way study of the police and a public prosecutor and storage way and network forensic related to crimes of Internet UCC. Proof data encrypt, and store, and study through approach control and user authentication so that they are adopted to legal proof data through integrity verification after transmission and storages. This research via the Internet and criminal conspiracy to block the advance promotion, and for the criminal investigative agencies of the Internet will contribute to the advancement forensics research.

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A Study on the Life of an Unborn Child in the Aspect of Criminal Law (출생 전 생명에 대한 형사법적 고찰 - 착상과 출생의 전후에 따른 형법적 보호의 차이 -)

  • Lee, Sang-Yong
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.117-168
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    • 2009
  • Generally, criminal law protect the human life after he/she has born. Before the birth, the life of fetus are protected by prohibition of abortion, not of murder. Also, the fetus is not considered as an object of infliction of injury. A popular opinion and case law say that the fetus becomes a person at the point of an outset labor pains. Recently, some theories allege that traditional opinions is not sufficient in the case of induced delivery, so it should be decided by norm, not by a simple fact, whether a unborn child is a fetus or a person, and that the fetus should be considered as an object of infliction of injury. These theories can be meaningful because these could protect human life more comprehensively. In the other side, however, these could harm the legal stability and bring the excessive punishment. Abortion of negligence is not punishable in criminal law, and there is little possibility of the fetus injury without the injury of the pregnant woman. And the Contergan Case, if it happened again, must be dealt with as crime about environment or public health more severely. These new approaches are in conflict with the principle of "nulla poena sine lege" and other fundamental rules of the criminal law, and should lead to the excessive punishment and criminal provisions. Accordingly, the decision of Supreme Court of Korea about the beginning point of human being should be maintained.

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