형사정책 주요 동향 : 영국의 몰수,추징 법제도 개혁과 형사정책

김한균 한국형사정책연구원 2006 형사정책연구소식 Vol.97 No.-

형사정책 주요동향 : 양형의 합리화와 양형기준의 제정 -영국 양형기준위원회의 양형합리화 정책-

김한균 한국형사정책연구원 2005 형사정책연구소식 Vol.91 No.-

이종이식된 두경부영역의 편평세포암종에서9-Hydroxypheophorbide-α와 630 nm 다이오드 레이저를이용한 광역학치료의 항암효과 및 치료기전에 대한 연구

김한균,정필상,김세형,이상훈,이정구 대한이비인후과학회 2005 대한이비인후과학회지 두경부외과학 Vol.48 No.6

Background and Objectives:The 9-Hydroxypheophorbide-α(9-HpbD-α) is a new photosensitizer, derived from a plant inwater. We conducted a series of experiments in vivo to evaluate the anticancer effect and mechanism of photodynamic therapyusing 9-HpbD-α and 630 nm diode laser on squamous cell carcinoma. Materials and Method:SNU-1041 cell line washeterotransplanted into the subcutaneous space of nude mouse. When the tumors grew up to 400 mm3, the animals were randomlyseperated into 4 groups:Group I (n=5) of the normal control group;Group II (n=10), which received interstitial injectionof 0.007 μg/mm3 of 9-HpbD-α;Group III (n=10), which received irradiation with 1.6 J/mm3 of light using diode laser;Group IV (n=10), which received interstitial injection of 0.007 μg/mm3 of 9-HpbD-α followed by irradiation with 1.6 J/mm3of light 6 hours after the injection. After photodynamic therapy (PDT), tumor tissue was harvested for histopathologic studyunder light microscopy and transmission electron microscope (TEM). Results:PDT group (Group IV) showed significantremission rate (70 %), compared to control group (p<0.05). The microscopic findings of the tumor section were characterizedby massive necrosis and some apoptotic cells among the normal cells. TEM showed different morphologic changes betweennecrotic and apoptotic cells. These findings were considered as the evidence of direct cytotoxicity of PDT using 9-HpbD-α and630 nm diode laser. Conclusion:The results suggest that therapy using PDT, 9-HpbD-α and diode laser shows an anticancereffect. Its therapeutic mechanism appears to be based on necrosis that is caused by direct cytotoxicity.

양형상 책임 반영과 예방 고려

김한균 한국형사소송법학회 2023 형사소송 이론과 실무 Vol.15 No.4

This essay aims to review the rationale of sentencing in Korean criminal laws and procedures to understand how to secure rational sentencing with the rationales of sentencing, such as responsibility of offenders and general deterrence or specific deterrence. Shuldprinzip or principle of responsibility is the fundamental basis of criminal punishment, which also acknowledged as constitutional principle for criminal laws. However, Korean Penal Code has no definite provisions on the purpose(s) of punishment or sentencing. Considering such statutory definition of the rationale is necessary for rationalizing sentencing discretion, Article 51 of the Penal Code is the only relevant provision on some ‘general principles’ of sentencing : In determining punishment, the following shall be taken into consideration: 1. The age, character and conduct, intelligence and environment of the offender; 2. Offender's relation to the victim; 3. The motive for the commission of the crime, the means and the result; 4. Circumstances after the commission of the crime. Also, Korean sentencing guideline system under the Court Organization Act has set some principles of setting or changing the sentencing criteria: 1. The nature of crimes, the circumstances of crimes, and the extent of the responsibilities of defendants shall be reflected; 2. The general deterrence, the prevention of defendants from committing crimes again and their return to society shall be taken consideration; 3. As long as there is no difference between the same kind of crimes and the similar kind of crimes in the sentencing elements that have to be taken into account, they shall not be differently handled in the sentencing of them; 4. The sentencing shall not be discriminated against defendants on the grounds of their nationalities, religions, conscience, social statuses, etc. (Article 81-6(2)) Now the sentencing guideline system is taking the role of rationalizing sentencing discretion by both reflecting responsibilities of defendants and considering the general deterrence of crimes or the prevention of defendants from re-offending and their rehabilitation, and further realizing the purposed of just punishment. According to the law, when setting and changing the sentencing guidelines, the guidelines should reflect the degree of responsibility of the defendant, and consider the general prevention of crime and the prevention of recidivism and social rehabilitation of the defendant. So for the rationalization of sentencing, it should be possible to make sentencing-policy judgments on responsibility and prevention considerations through the principles of responsibility and prevention considerations rather than unclear normative adjustments of sentencing guidelines.

변비에 대한 동씨침과 체침의 경과 증례보고

김한균,변성희,김상찬 대구한의대학교 제한동의학술원 2002 東西醫學 Vol.27 No.4

레이저를 이용하여 후두미세수술을 시행한 환자에서 음성치료를 시작한 시기에 따른 음성 호전 결과에 관한 연구

김한균,정필상,오양희,김영훈 대한후두음성언어의학회 2001 대한후두음성언어의학회지 Vol.12 No.1

Backgrounds and Objectives : There have been reported many studies which evaluate the effectiveness of combined laryngomicrosurgery(LMS) and voice therapy for the patients with benign vocal cord lesions. But the difference of voice improvement by onset time of voice therapy has not been reported. The purpose of this study is to analyze the differences of voice improvement by voice analysis test between the two groups with different onset time of voice therapy. Materials and Methods : Two groups, each of which comprises 15 patients, were analyzed. For the one group, the voice therapy was initiated 1 day after LMS. For the other, the therapy was initiated 1 week after LMS. Voice analytic parameters of the two groups were statistically analized to identify difference in voice improvement. Results : All measured parameters improved after voice therapy in two groups and showed no significant difference between two groups. Conclusions : The onset time of voice therapy after LMS has no significant impact on post-operative voice quality in the patients with benign vocal cord lesions. Early onset of post-operative voice therapy may serve as treatment modality for patients with benign vocal cord lesions.

전자파차폐 PET 직물/폴리피롤 섬유복합체의 안정성

김한균,변성원,정성훈,홍영기,주진수,송기태,박연흠,이준영 한국고분자학회 2001 한국고분자학회 학술대회 연구논문 초록집 Vol.2001 No.10

연속정상 1차 Gauss-Markov 신호원에 대한 형태론적 여파기의 통계적 분석

김한균,윤정민,나상신,최태영 대한전자공학회 1995 전자공학회논문지-B Vol.b32 No.6

In this paper, the probabilistic relations of dual morphological operations, such as dilation and erosion, closing and opening, and close- open and open-close, and the statistical properties for a continuous stationary lst order Gauss-Markov source are analyzed. The result is that the dual filters have symmetrical means and skews, and equal variances. Also, the statistics of morphological filters are very similar with those of input source, as correlation coefficient increases.

$LiTaO_3$ 단결정의 결함

김한균,박승익,박현민,정수진 한국세라믹학회 1994 한국세라믹학회지 Vol.31 No.2

The imperfections of LiTaO3 crystals grown from the Pt-Rh and the Ir crucible were investigated with X-ray diffraction, optical and electron microscope. The growth direction was <100>h and the plane parallel to the plane connecting two main growth ridges was (012)h which would be the main cleavage plane. The dislocation density in the specimen cut parallel to (012)h plane increased with polishing time and the inverted ferroelectric microdomains were induced based on this dislocations. Such imperfections as 180$^{\circ}$ domains, microcracks, dislocations and stacking faults. could be found in the LiTaO3 crytals. The crystal contaminated with lots of Rh form Pt-Rh crucible during the crystal growing under air atmosphere contained more imperfections. The main cleavage plane and subgrain boundary parallel to its growing axis might be the main source of reducing the mechnical strength during the wafering process.

아동형체 ‘리얼돌’ 성범죄화에 관한 영미국가 입법동향 비교 분석

김한균 한국비교형사법학회 2020 비교형사법연구 Vol.21 No.4

There are policy concerns on so-called child-like sex doll, or real-doll, or sex-robot as they may pose threats to children as a way of child sex exploitation or child sexual abuse. Whilst adult-like sex doll or sex may be on dispute regarding freedom of expression and privacy, child-like sex doll or sex robot should be prohibited as child pornography material, and thus punished as serious crime. According to the U.S. Curbing Realistic Exploitative Electronic Pedophilic Robots Act of 2017, the term ‘child sex doll’ means an anatomically-correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts. The Act recognizes that there is a correlation between possession of the obscene dolls, and robots, and possession of and the participation in child pornography. The dolls and robots not only lead to rape, but they make rape easier by teaching the rapist about how to overcome resistance and subdue the victim. The dolls and robots are intrinsically related to abuse of minors, and they cause the exploitation, objectification, abuse, and rape of minors. According to the Australian Combatting Child Sexual Exploitation Legislation Amendment Bill 2019, child-like sex doll is an object that is three-dimensional, resemble children and has imitation orifices intended to be used for simulating sexual intercourse. Amendment Bill of the Act on The Protection Of Children And Youth Against Sex Offenses in September, 2019 also proposes criminalisation of child-like sex toys. In the long term, there would be more risk of child sex exploitation as new technology is exploited as sex doll or sex robot. For protecting children against sexual abuse and assisting them to become sound members of society, as the Act defines, there should be effective policies against child-like sex dolls. 최근 이른바 ‘리얼돌’혹은 ‘섹스돌’ 문제와 관련해서 특히 아동신체를 모사한 물품이나 기구가 아동대상 성착취 목적으로 제작, 유통, 사용될 경우 이를 금지하거나 규제해야 할지 논란이 되고 있다. 아동형 섹스돌(child-like sex doll) 문제는 미국, 영국, 캐나다, 호주 등 국가에서도 최근 사회문제가 되면서 형법적 제재가 추진되고 있다. 본 논문에서는 형법적 규제대상으로서 성적 착취대상 아동신체형상물의 법적 개념과 제재에 관한 미국, 영국, 캐나다, 호주 등 영미국가의 최근 관련 입법동향을 비교분석하고, 현재 우리 국회에서 논의 중인 입법안과 관련하여 검토해 본다. 무엇보다 아동신체와 매우 유사한 형태 물건이 적절한 법적 규제가 없는 상태에서 성적 만족, 또는 소아성애적 만족 목적으로 제작, 유통, 판매, 소비된다면 아동에 대한 성적 착취 위험성과 관련성이 예상가능하다. 따라서 미국과 호주는 엄격한 금지 입법을 추진하고 있으며, 영국, 캐나다는 수사기소지침과 판례를 통한 규제정책을 도모하고 있다. 아동형 섹스돌이 현행법체계상 아동·청소년의 건전한 성적 성장과 성적 자기결정권 보호를 직접적으로 침해하는 범죄에 해당되지 않을지라도, 우리 사회가 그동안 아동·청소년 보호와 성보호 법제를 통해 강화해 온 아동보호의 사회적 책무에 반할 뿐만 아니라, 사회풍속 저해는 물론 아동청소년에 대한 직접적 성착취로 이어질 위험성이 인정될 수 있다.따라서 아동형 ‘리얼돌’ 규제 문제는 현행 아동청소년성보호법 등 아동보호법제 개정도 필요하지만, 장기적으로는 가상현실, 인공지능 기술과 결합되면서 섹스인형, 섹스로봇 등으로 그 위험성이 다양화되고 증폭되면서 법적 대응이 더욱 어려워 질 것이므로, 장기적으로 법적 대응 체계를 마련해야 할 필요가 있다.