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Analysis of the Trend of Precedents on Residential Trespassing Regulations
Kwanghyun Park(Kwanghyun Park) J-INSTITUTE 2022 Regulations Vol.7 No.2
Purpose: The Supreme Court changed its existing position on the provisions of the housing trespassing offense for 2021 and 2022 through a consensus decision. In 2021, if a part of the co-resident enters the co-living house according to the normal access method with the realistic consent of the current resident in the absence, the establishment of the crime of trespassing is denied even if it is against the presumed will of the other resident who is absent. . In 2022, if you enter a restaurant where the public is freely allowed to enter without a restraint from the business owner, even if it seems that the business owner would not have consented to the entrance if he had known the actual purpose of entry, the purpose of this is not to constitute a crime of trespassing. . Ac-cording to the precedent, the legal benefit of protection for the crime of trespassing is ‘the de facto tranquility of the dwelling’. The purpose of this study is to examine the interpretation and judgment standards regarding the legal interests of protection against trespassing, and to consider trespassing, which is the act of trespassing. Method: Article 16 of the Constitution of the Republic of Korea states, “All citizens shall not be infringed upon their freedom of residence. When a residence is seized or searched, a warrant issued by a judge at the request of the prosecutor must be presented.” The crime of trespassing is a component that guarantees the tranquility of an individual's residence so that the freedom of residence stipulated by the Constitution is not violated. For this purpose, in order to form smooth relationships with various beings in society as a social being, human beings must be guaranteed that their private space is protected and that they can live peacefully without external in-trusion. To this end, first, I would like to review the contents of the Supreme Court precedent on the crime of trespassing. Second, the current status of punishment for trespassing is reviewed through a comparative review of foreign laws on trespassing. Third, we examine the legal benefits of protection against trespassing. Fourth, the criteria for judging the crime of trespassing are reviewed. Lastly, based on the discussion so far, I would like to suggest the direction of the legislation on the punishment for trespassing. Results: The starting point of the discussion of the crime of trespassing lies in the interpretation of the interests of protection. The representative theories are the claim of ‘housing rights’ and ‘the theory of de facto serenity’, but precedents adopt the doctrine of the theory of de facto serenity. As for the degree of protection for the crime of trespassing, the crime of danger and the crime of infringement are opposed to each other. The interpretation of these precedents shows a lot of changes in the protection and interest of the crime of trespassing, the meaning of the infringement, the timing of the commencement of execution, and the timing of implementation. Conclusion: The reason for the existence of the crime of trespass is an indispensable prerequisite for the pur-suit of happiness and the enjoyment of human dignity and value through the tranquility of private life. However, there are many cases where the crime of trespassing is applied and abused for other purposes rather than con-tributing to the protection of personal privacy, which is the original purpose, and a logical solution should be sought for its interpretation. Therefore, it is necessary to explore the legislative direction by analyzing the deci-sion of the Supreme Court of the Supreme Court on the crime of trespassing.
3D Perception Based Quality Pooling: Stereopsis, Binocular Rivalry, and Binocular Suppression
Kwanghyun Lee,Sanghoon Lee IEEE 2015 IEEE journal of selected topics in signal processi Vol.9 No.3
<P>One of the most challenging ongoing issues in the field of 3D visual research is how to interpret human 3D perception over virtual 3D space between the human eye and a 3D display. When a human being perceives a 3D structure, the brain classifies the scene into the binocular or monocular vision region depending on the availability of binocular depth perception in the unit of a certain region (coarse 3D perception). The details of the scene are then perceived by applying visual sensitivity to the classified 3D structure (fine 3D perception) with reference to the fixation. Furthermore, we include the coarse and fine 3D perception in the quality assessment, and propose a human 3D Perception-based Stereo image quality pooling (3DPS) model. In 3DPS we divide the stereo image into segment units, and classify each segment as either the binocular or monocular vision region. We assess the stereo image according to the classification by applying different visual weights to the pooling method to achieve more accurate quality assessment. In particular, it is demonstrated that 3DPS performs remarkably for quality assessment of stereo images distorted by coding and transmission errors.</P>
Critical Review about Parricide Crimes of Korean Criminal Law
Kwanghyun Park J-INSTITUTE 2023 International Journal of Terrorism & National Secu Vol.8 No.-
Purpose: In recent years, the number of infanticide cases has been steady at around 30 per year and the number of toddler murders at around 10 per year, which are generally punishable as ordinary murder. Also Crimes against immediate family members are subject to aggravated penalties. A person(descendant) who kills a member of his or her own or his or her spouse's immediate family is guilty of subsistence murder, which is punishable by death, life imprisonment, or imprisonment for seven years or more. This is a more severe offense than ordinary murder, which is punishable by death, life imprisonment, or imprisonment for five years or more. Most survival-related violent crimes, such as injury, assault, abandonment, abuse, arrest, confinement, and intimidation, have aggravated penalties. However, under the current law, there is no provision for aggravated punishment for violent crimes against direct survivors. There is an aggravated punishment for the murder of a direct survivor by a direct descendant, but there is no aggravated punishment for the murder of a direct descendant by a direct descendant. The Korean Constitution stipulates that “no one shall be discriminated against on the basis of social status”, which may violate the Equal Rights Clause of Article 11 of the Constitution. In other words, it is unconstitutional because it may constitute “discrimination based on birth”. Therefore, we would like to critically examine whether the Korean criminal law should continue to provide for the offense of feticide. Method: The aggravated punishment of capital murder is one of the most controversial issues in society. In this critical review of the aggravated murder penalty, we will first look at the Constitutional Court's decision on the aggravated murder penalty. Second, we will look at the arguments in favor of and against the aggravated penalty of capital murder. Third, we will examine the current state of affairs through a comparative legal review of foreign jurisprudence on the aggravated punishment of capital murder. Fourth, the legal, moral, and religious perspectives on the aggravated punishment of capital murder will be discussed. Fifth, based on the above discussion, we will provide a direction on whether to abolish the aggravated penalty of capital murder. Results: It is recommended that the aggravated punishment for survival murder be abolished as it violates the right to equality under the Korean Constitution. Even if it is abolished, the purpose of the punishment can still be realized through judicial modification. Conclusion: In light of the meaning and legislative purpose of the provision that aggravates the crime of intentional homicide, it cannot be said that the legislative act of selecting a comparative standard, i.e., that intentional homicide is more severely punished than ordinary homicide in the Korean Penal Code, is unconstitutional. However, while the criminal laws have the same criminal offense of killing a person, there is a difference in the 'presence or absence of paternity'. The abolition of capital murder is consistent with the principle of proportionality. It would be contrary to the principle of proportionality to impose severe restrictions based on prosecutorial convenience. For these reasons, it would be a violation of the constitutional principle of equality, and even if it is not unconstitutional, it is difficult to see that it reflects constitutional values such as the principle of equality.
A Design Framework of FlexRay Network Parameter Optimization
Kwanghyun Jang,Inseok Park,Jaehyun Han,Myoungho Sunwoo,Eunjin Lee 한국자동차공학회 2009 한국자동차공학회 학술대회 및 전시회 Vol.2009 No.11
In designing a FlexRay network, more than 70 configuration parameters are involved. Since these parameters are numerous and correlated to each other, FlexRay network design is complex and difficult work. Unfortunately, there are few systematic processes that help determining the FlexRay network parameters optimally. In this study, we propose a design framework that optimizes the FlexRay network parameters. We consider two main parameters that are highly relevant to the application algorithm: static (ST) slot length and communication cycle (CC) length. The design process is composed of two steps. In the first step, the ST slot length is optimized considering the frame packing algorithm. This frame packing algorithm binds network signals into ST frames in consideration of the periods and signal groups. In the second step, the CC length is optimized with regard to the worst case response times (WCRT) of ST and dynamic (DYN) frames. The WCRTs are analyzed based on the frame scheduling algorithm. The proposed design framework is applied in a case study.
Kwanghyun Park J-INSTITUTE 2022 Regulations Vol.7 No.1
Purpose: On April 11, 2019 (2017Hun-Ba127 decision), the Constitutional Court ruled that the “self-abortion” and “Abortion by Doctor” in the Criminal Act were nonconforming to the Constitution because they limit women’s right to self-determination. Abortion is one of the provisions of Article 10 of the Constitution, the right to self-determination derived from the dignity and value of human beings. On the other hand, the state also has an obligation to protect the life of the fetus. The purpose of this study is to examine foreign legislative cases related to abortion in order to harmoniously resolve the basic rights of the pregnant woman and the fetus in order to meet the request of the Constitutional Court, and to suggest a legislative direction to remove the unconstitutionality of the criminal abortion crime. In addition, we would like to examine the Maternal and Child Health Act for coherence of the legal system. Method: Whether or not to punish abortion is one of the issues that have been controversial in society so far. If the punishment for the crime of abortion is completely banned, the right to life of the fetus may be neglected. To this end, first, I would like to review the contents of the Constitutional Court s decision on the punishment for the crime of abortion. Second, the current state of punishment for abortion is reviewed by reviewing foreign comparative laws on the crime of abortion. Third, the legal, medical, moral, and religious perspectives on punishment for abortion are reviewed. Fourth, based on the discussion so far, I would like to suggest the direction of legislation for the punishment of abortion crimes. Results: The punishment for abortion should not be viewed as a choice between a woman s right to self-determination and the fetus s right to life. Revision of the law should be made in the direction of recognizing and protecting the two legal interests. Article 15 of the current Enforcement Decree of the Maternal and Child Health Act stipulates that abortion is permitted within 24 weeks. However, it is reasonable to refer to the government s legislation and decide whether to allow it based on the 22 weeks of pregnancy, which is the period when the fetus can survive independently, or based on the 3·3·3 principle or reasons for adaptation. In addition, economic and social factors and the period of deliberation should be considered. Conclusion: Punishment for abortion is structured in a way that women s right to self-determination and the basic right of the fetus to life are in conflict. In order to resolve these conflicts harmoniously and constitutionally, political, economic, social and cultural integration must be achieved by stipulating in detail the permissible scope of abortion, when it is permitted, the procedure and method of permissible abortion.
Optimization of Delay-Constrained Video Transmission for Ad Hoc Surveillance
Kwanghyun Lee,Sungjin Lee,Sanghoon Lee IEEE 2014 IEEE Transactions on Vehicular Technology VT Vol.63 No.4
<P>Recent increases in demand by militaries and disaster relief operations has greatly accelerated research on delay-constrained video surveillance with low-delay and high-quality video transmission. The following factors should be systematically analyzed due to the tradeoff between low delay and high quality: the visual importance of surveillance objects, quality degradation due to wireless channel dynamics, and variant end-to-end delay. We propose and optimize a low-delay video transmission technique for video surveillance over an ad hoc network. The proposed protocol is composed of intercommunication and intraprocessing parts. Through intercommunication optimization, we identify an optimal routing path and an associated relaying in terms of channel throughput that meet the source-rate, the flow-rate, and delay constraints. Through intraprocessing optimization, we identify an optimal packet length and an associated number of packets to adapt to the delay in the variant dynamic channel. Through simulations, we demonstrate that delay and throughput control significantly contribute to improvements in visual quality of up to 1.7-3 dB compared with conventional schemes.</P>
3D Visual Activity Assessment Based on Natural Scene Statistics
Kwanghyun Lee,Moorthy, Anush Krishna,Sanghoon Lee,Bovik, Alan Conrad IEEE 2014 IEEE TRANSACTIONS ON IMAGE PROCESSING - Vol.23 No.1
<P>One of the most challenging ongoing issues in the field of 3D visual research is how to perceptually quantify object and surface visualizations that are displayed within a virtual 3D space between a human eye and 3D display. To seek an effective method of quantification, it is necessary to measure various elements related to the perception of 3D objects at different depths. We propose a new framework for quantifying 3D visual information that we call 3D visual activity (3DVA), which utilizes natural scene statistics measured over 3D visual coordinates. We account for important aspects of 3D perception by carrying out a 3D coordinate transform reflecting the nonuniform sampling resolution of the eye and the process of stereoscopic fusion. The 3DVA utilizes the empirical distortions of wavelet coefficients to a parametric generalized Gaussian probability distribution model and a set of 3D perceptual weights. We conducted a series of simulations that demonstrate the effectiveness of the 3DVA for quantifying the statistical dynamics of visual 3D space with respect to disparity, motion, texture, and color. A successful example application is also provided, whereby 3DVA is applied to the problem of predicting visual fatigue experienced when viewing 3D displays.</P>