한국의 범죄현상과 형사정책(2023)

국문 초록 (Abstract)

2023년 4월, 강남 대치동 학원가에서 마약이 함유된 음료가 학생들에게 무작위로 배포된 사건이 보도되면서, ‘마약청정국’이라고 불리던 대한민국이 ‘마약공화국’으로 전락할 수 있다는 우려의 목소리가 제기되었습니다. 또한 2023년 6월, 수원의 한 가정집 냉장고에서 영아 시신이 발견되면서, 병원에서 출산한 기록은 있으나 출생신고가 되지 않은 이른바 ‘그림자 아동’에 대한 문제가 사회적 파장을 일으켰습니다. 같은 해 여름에는 서울 신림동과 서현동에서 잇따라 발생한 무차별 흉기난동으로 인해 무고한 시민들이 피해를 입으면서, 범행 동기가 없는 ‘이상동기 범죄’, 즉 ‘묻지마 범죄’로 인한 치안불안이 고조되었습니다.
강력범죄 사건이 발생하면, 시민들은 자신과 가족의 안전에 대해 불안해하며, 국가가 가해자를 엄벌하고 범죄예방을 위한 조치를 취해줄 것을 요구합니다. 최근에는 정보통신기술과 소셜미디어의 발전으로 인해 국회나 정부를 압박할 수 있는 여론 형성이 쉬워지면서, 사회적 파급효과가 큰 형사사건은 유관기관의 정책 수립 및 법안 발의에 영향을 미치고 있습니다. 그러나 언론을 통해 보도된 특정 사건에만 집중한 채 범죄현상이나 실태를 제대로 파악하지 못한다면, 그 해법이라 할 수 있는 형사정책도 제대로 수립될 수 없습니다. 특히, 입법자들이 여론에 편승하여 신중한 논의 없이 형사입법을 단행할 경우 과잉형벌 규정이 양산될 수 있고, 추후 위헌결정으로 인한 법적 공백이 발생할 수도 있습니다. 물론 헌법불합치 결정을 통해 입법적 조치를 취할 시간을 확보할 수 있겠지만, 그 과정에서 법익을 침해당한 사람들의 피해를 완전히 회복시키는 것은 사실상 요원합니다.
이에 한국형사·법무정책연구원은 범죄현상과 범죄유형별 실태를 파악하고, 형사정책 및 형사입법의 동향을 분석한 연례보고서를 2006년부터 발간해오고 있습니다. 50여 명의 형사법 전공 박사들과 사회학 분야 박사들이 포진해 있는 한국형사·법무정책연구원은 범죄의 실태와 원인 및 대책을 분석·연구하여 국가의 형사정책 수립과 범죄방지에 이바지하고자 다양한 과제를 수행하고 있습니다. 그중에서도 「한국의 범죄현상과 형사정책」은 20여 명의 각 분야 전문가들이 참여하여 대한민국의 범죄실태 및 대책 현황을 한눈에 조망할 수 있는 자료를 제공한다는 점에서 그 의미가 크다고 생각합니다. 아무쪼록 이 보고서가 형사정책 분야에 관심을 가진 각계각층의 분들께 유익한 자료로 활용되길 기대합니다. 앞으로도 한국형사·법무정책연구원은 범죄로부터 안전한 사회를 만들기 위해 국책연구기관으로서 제 역할을 충실히 수행할 것입니다. 여러분의 지속적인 관심과 성원을 부탁드립니다.

목차 (Table of Contents)

• 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
• iv 한국의 범죄현상과 형사정책(2023)
• 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
• 목차 v
• 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
• vi 한국의 범죄현상과 형사정책(2023)
• 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
• 목차 vii
• 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
• viii 한국의 범죄현상과 형사정책(2023)
• 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
• 목차 ix
• 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
• x 한국의 범죄현상과 형사정책(2023)
• 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