사이버범죄에 대한 보안처분의 정당성과 필요성

The growing danger from crimes committed against computers, or against information on computers, is beginning to claim attention. Developments in technology have changed the environment of crime, which, in some of its new forms, poses a serious threat to society. As computer－related crimes or Cyber crimes become more important globally, scholarly accounts tend to focus on the ways in which the crime has been committed and how it could have been prevented. Cyber crimes－harmful acts committed from or against a computer or network－differ from most terrestrial crimes. They are easy to learn how to commit; they require few resources relative to the potential damage caused; they can be committed in a jurisdiction without being physically present in it; and they are often not clearly illegal. Criminal punishment is to respond adequately to this changed environment. There are two categories under which the objectives of judicial punishment can be classed: Retributive approaches and Consequentialist approaches. Each of these approaches has particular features that punishment needs to accommodate, if it is to achieve its purpose. Applying these to the novel circumstances in which many cyber crimes occur raises some unique issues. The Punishment must invoke pain or other consequences normally considered to be unpleasant, such as loss of liberty through incarceration, disqualification from some activity, or loss of something of value, such as money or time. In the case criminals, access to computers and the Internet is of considerable value. From this point of view, It is suited to Punishment`s purpose that courts have impose conditional orders that seek limit the use of these resources during periods of probation or parole. This paper coniders the question of the effectiveness of criminal punishment in reducing cyber crime. I argue that the most appropriate punishments in the cyber crimes is that court condemn a cyber criminals during periods of probation or parole to Ban / Restricted Access to Computers or Internet, Monitoring Computer Usage, Community Service Order, Attendance Center Order, Ban / restriction on possessing computers, etc.