• Title/Summary/Keyword: criminal

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A Speculation on The Independence of Police Investigational Right In Terms of Public Law (경찰수사권독립 논의의 공법적 검토)

  • Oh Tae-Kon
    • The Journal of the Korea Contents Association
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    • v.5 no.4
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    • pp.54-61
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    • 2005
  • Sixty years have passed since the police system was established in Korea. So far, there have been consistent discussions on independence of police investigational rights. Political powers have mentioned its independence as one of their public commitments and specifically, it has been a big issue in respect to establishment of the current participation government. The issues involved in investigational rights were derived from the regulations as follows: 'Prosecutors shall manage investigation(No. 195. the Criminal Procedure Act) and 'The police shall be guided by prosecutors in respect to investigation'(No. 195. the Criminal Procedure Act). President No Mu-hyun proposed he would take care of the issues involved in investigational rights at an interview. This study speculates investigational right systems of countries that follow continental law system and English law system and more valid investigational right system based on the guaranty of human rights and the principle of power division to find reasonable suggestions on independence issue.

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The application of digital forensic investigation for response of cyber-crimes (사이버범죄의 대응강화를 위한 디지털 포렌식 수사 활용방안)

  • Oh, Sei-Youen
    • Journal of Digital Convergence
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    • v.13 no.4
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    • pp.81-87
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    • 2015
  • This study will show the digital forensic model which fights against cyber-crimes to prepare various cyber-crimes. The digital forensic model will be more useful about the investigation of cyber-crimes and arresting criminals after researching the uses of the digital forensic model and cyber-crime rates in South Korea. This model conduct the standardized data with various languages by the language support system through the digital forensic analyzer. This model will send the data to law enforcement reviewing whether or not we ought to prove criminal charges. Moreover, law enforcement can access the file system to find out admissibility of evidence. And this model simplifies lawful investigation about additional investigation. The data, which is conducted and saved by the digital forensic system, will be helpful to protect against the future crimes because of the data.

Comparison of Behavior Patterns between First and Repeated Offenders in Driving While Intoxicated(DWI) (음주운전 초.재범자 특성 비교)

  • Jeong, Cheol-U;Jang, Myeong-Sun
    • Journal of Korean Society of Transportation
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    • v.27 no.3
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    • pp.149-160
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    • 2009
  • The purpose of this study is to comparatively analyse the behavior patterns of the first and the repeated offenders in DWI, and to develope the models of BAC(Blood Alcohol Concentration) by using multiple regression analysis method and a model of repeated DWI conviction by using logistic regression analysis method. The main results are as follows. First, the repeated offenders are more in criminal and traffic accidents records than that of the first offenders. The unlicenced drivers are in higher BAC than licenced drivers. Second, multiple regression model of BAC was developed, and the model revealed that criminal records and driving distance were important factors. Third, a model of repeated DWI conviction was developed, and the model revealed that traffic accidents records, whether or not having licence, and criminal records were most important factors.

Proposal of Review on Criminal Law and Legislation about Euthanasia (안락사의 형법적 고찰과 법제화에 관한 시사점)

  • Joung, Soon-Hyoung;Jeon, Young-Ju
    • The Journal of the Korea Contents Association
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    • v.11 no.7
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    • pp.298-305
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    • 2011
  • The purpose of this dissertation is finding the meaning and form of Euthanasia, Considering by Criminal law that the core of the debate over the 'pros and cons' of euthanasia, And seeking measures about needs of currently Euthanasia legislation and institutional establishment. Through the remarkable progress, today's medical science makes to cure the Incurable patients, and artificially prolong human life by life-support system. These changes of Healthcare Environments extending a permissible range of Euthanasia over the series of criminal discussions about Euthanasia. And medical treatment has been discussed from negative side to positive side. So, In the current legal system, seeking for realistic measure is demands of the times behind the penally and ethical problems. Therefore, I will study the needs of legal system and reestablish values about Respect for Human Life.

Cyber forensics domain ontology for cyber criminal investigation (사이버 범죄 수사를 위한 사이버 포렌식 범주 온톨로지)

  • Park, Heum
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.13 no.8
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    • pp.1687-1692
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    • 2009
  • Cyber forensics is used the process and technology of digital forensics as a criminal investigation in cyber space. Cyber crime is classified into cyber terror and general cyber crime, and those two classes are connected with each other. The investigation of cyber terror requires high technology, system environment and experts, and general cyber crime is connected with general crime by evidence from digital data in cyber space. Accordingly, it is difficult to determine relational crime types, collect evidence and the legal admissibility of evidence. Therefore, we considered the classifications of cyber crime, the collection of evidence in cyber space and the application of laws to cyber crime. In order to efficiently investigate cyber crime, it is necessary to integrate those concepts for each cyber crime-case. In this paper, we constructed a cyber forensics domain ontology for cyber criminal investigation using the concepts, relations and properties, according to categories of cyber crime, laws, evidence, and information of criminals and crime-cases. This ontology can be used in the process of investigating of cyber crime-cases, and for data mining of cyber crime; classification, clustering, association and detection of crime types, crime cases, evidences and criminals.

Digital Forensics: Review of Issues in Scientific Validation of Digital Evidence

  • Arshad, Humaira;Jantan, Aman Bin;Abiodun, Oludare Isaac
    • Journal of Information Processing Systems
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    • v.14 no.2
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    • pp.346-376
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    • 2018
  • Digital forensics is a vital part of almost every criminal investigation given the amount of information available and the opportunities offered by electronic data to investigate and evidence a crime. However, in criminal justice proceedings, these electronic pieces of evidence are often considered with the utmost suspicion and uncertainty, although, on occasions are justifiable. Presently, the use of scientifically unproven forensic techniques are highly criticized in legal proceedings. Nevertheless, the exceedingly distinct and dynamic characteristics of electronic data, in addition to the current legislation and privacy laws remain as challenging aspects for systematically attesting evidence in a court of law. This article presents a comprehensive study to examine the issues that are considered essential to discuss and resolve, for the proper acceptance of evidence based on scientific grounds. Moreover, the article explains the state of forensics in emerging sub-fields of digital technology such as, cloud computing, social media, and the Internet of Things (IoT), and reviewing the challenges which may complicate the process of systematic validation of electronic evidence. The study further explores various solutions previously proposed, by researchers and academics, regarding their appropriateness based on their experimental evaluation. Additionally, this article suggests open research areas, highlighting many of the issues and problems associated with the empirical evaluation of these solutions for immediate attention by researchers and practitioners. Notably, academics must react to these challenges with appropriate emphasis on methodical verification. Therefore, for this purpose, the issues in the experiential validation of practices currently available are reviewed in this study. The review also discusses the struggle involved in demonstrating the reliability and validity of these approaches with contemporary evaluation methods. Furthermore, the development of best practices, reliable tools and the formulation of formal testing methods for digital forensic techniques are highlighted which could be extremely useful and of immense value to improve the trustworthiness of electronic evidence in legal proceedings.

A Review on the International Criminal Law of the Murder Case on Board - Focus on the Fishing Vessel "803 Gwang-Hyeon" - (선상 살인사건의 국제형사법적 고찰 - 803광현호 사건을 중심으로 -)

  • Park, Se-Yeong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.23 no.5
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    • pp.482-487
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    • 2017
  • It is necessary to respond to criminal cases on board of pelagic fishing boats in the international waters with domestic legal judgement and international legal judgement due to a natural limitation by geographical long distance while it is possible to deal with domestic criminal cases with prompt response by using air crafts or patrol vessels. In other words, according to the flag of the vessel, the legal status of the water where is the crime scene, the nationalities of the victim and the perpetrator, it is required to judge if Korea can exert their jurisdiction and there is an issue if Korea Coast Guard exert their law enforcement effectively with this natural problem. In this paper, I propose a systemic improvement for a swift investigation for henceforth similar case's occurrence by analyzing the jurisdiction, the suspect's handling, the basic cause of the murder on-board which are based on the case of the vessel No.803 Gwang-Hyeon which was happened recently.

On the CIC from the view of Anti Sexual Violence Crime (반(反)성폭력 관점에서 본 친고죄)

  • Park, Sun-Hee;Chae, Jong-Min
    • Journal of forensic and investigative science
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    • v.1 no.1
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    • pp.54-71
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    • 2006
  • The definition of Crime Indictable Upon Complaint (CIC) is crimes which can be prosecuted only with complaints from the victim or his/her direct parents. Sex crimes are the representative examples, rapes and indecent assaults. According to the research referenced in this paper, 74% of sex crimes which had been penalized based on Republic of Korea (ROK) Criminal Code amounts rape and indecent assault are CIC. However, only 20% of perpetrators were confined, and the rest received non-confinement or non-prosecution determination. The review of criminal history checks reveals that 67% of the perpetrators had criminal histories and 39% of them had more than three documented offenses. The CIC was established in order to protect the victim's rights and dignity, respecting the victim's opinion regarding the incident. All kinds of sex crimes then should have been the CIC, but those crimes such as Injury Resulting from Rape, Special Rape, Rape by Special Modus Operandi, Sexual Assault among Relatives and Domestic Violence which have to guarantee the opinion of the victims are prescribed as non-CIC. We therefore conclude that the CIC should be abolished. The abolition of CIC will play an important role in crime prevention because severe penalties for sex crimes will be imposed on the perpetrators. In addition, it will help the sex crime victims retrieve their dignity by spreading recognition widely through the community that sexual assault is not only a social assault but an infringement against human rights.

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Introduction of a novel swabbing material of a wiper and establishment of an optimal method for the collection of organic explosive residues

  • Sung, Tae-myung;Lee, Jong Hyup;Cho, Ju-ik
    • Analytical Science and Technology
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    • v.30 no.6
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    • pp.319-328
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    • 2017
  • The identification of explosive residues on specimens obtained from an explosion event is a crucial factor for assessing the cause of the explosion. In order to detect the components of explosives, the explosive residues deposited on surfaces are commonly extracted using swabbing materials pre-wetted with an organic solvent. The residues are then analyzed with analytical instruments such as LC/MS and CE/MS. Most conventionally used swabbing media such as cotton swabs or cotton tip swabs seem unsuitable for extracting explosive residues from the surface of a large area of clothes because the swabbing materials tend to be damaged easily, and because only a relatively small amount of explosives is collected. To overcome these problems, we have introduced a novel wiper ($215{\times}210mm$, single layer, Yuhan-Kimberly, Republic of Korea) as a swabbing material to recover representative organic explosives, namely, TNT, RDX, tetryl, HMX, PETN, and NG, from a large area of clothes. Different sides of the wiper, which was folded in half five times, was used to swab the surface of a clothing. We compared this novel wiper with a cotton swab and a cotton tip swab in terms of the recovery efficiency for the aforementioned organic explosives by pre-wetting with methanol, acetone, and acetonitrile, respectively. We identified that this novel wiper collected a significantly higher amount of organic explosive residues than a cotton swab or a cotton tip swab when using methanol as an extracting solvent.