함정수사의 위법판단기준과 법적효과에 관한 연구

• 영문명: A Study on Judgement Standard of Illegality and Legal Effect of Entrapment Investigation
• 발행기관: 경희법학연구소
• 저자명: 지영환(Gi, Young-Hwan)
• 간행물 정보: 『경희법학』제41권 제1호, 253~282쪽, 전체 30쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

The investigation agencies has a many kinds of investigation methods and the extent of countermeasure to the crime is various. In case of some crimes such as narcotics, contraband, prostitution, bribery, gambling which so called victimless crime, the most effective method of investigation is a entrapment investigation. Here Comes the necessity of tricky and undercover method so called entrapment investigation and most investigation agencies of many countries use this method nowadays. In spite of usefulness of the method, there are serous problems that the method has possibility to conflict with the principle of guarantee of human right. And the entrapment investigation stands between two conflicting values, defense of society and guarantee of human right. Entrapment occurs only when the criminal design originate with the officials of the Government, and they implant it in the mind of an innocent person. So the entrapment investigation has the possibility to violate the human light. From this point of view, we need a judgement standard of illegality of entrapment investigation which do not infringe on the human light. And we must find out the suitable line which permitted limit in the due process and also study on the mutual relation between standard of illegality and legal effect of entrapment investigation. In this study, we can find out the problem of the entrapment investigation types and can reexamine the new type of it. An we can consider that the some ways for the control of illegal entrapment investigation and the influence of the entrapment investigation to the lawsuit condition. Also we can consider that the legal effect of the entrapment and the admissibility of evidence in the court. In this way, this study can present the possible method of the entrapment investigation which accepted in the range of legality in Korea.

목차

Ⅰ. 서 론

Ⅱ. 함정수사의 기초이론

Ⅲ. 함정수사에 관한 외국의 논의와 판례

Ⅳ. 함정수사에 대한 우리나라의 논의

Ⅴ. 위법한 함정수사의 소송법적 효과

Ⅵ. 관련문제 - 함정수사의 거증책임

Ⅶ. 결 론

키워드

함정수사의 위법성 판단기준 사전범의 범의유발형 함정수사 함정항변 증거능력 거증책임 entrapment investigation judgement standard of illegality manufacturing crimes legal effect of entrapment admissibility of evidence the burden of proof