마약류 투약범죄에 있어서 공소사실의 특정과 피고인의 방어권 보장

• 영문명: Count Specification and Protection of Defendant on Drug Abuse Crime
• 발행기관: 한국형사판례연구회
• 저자명: 원혜욱(Won, Hye-Wook)
• 간행물 정보: 『형사판례연구』형사판례연구 제17권, 518~542쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.06.30

영문 초록

Counts in the prosecution schold be specified by crime time, place and methode. It is required not only for defendants to protect their procedual rights but also for courts to limit the scope of the trials. Illegal drug investigations were not generally supported by the crime victim or witness assistance as most of the drug-related crimes were committed in covert. Therefore, effective institution and support of a public action requires the testing for drug use as an essential element in the nation s battle against drug abuse and drug-related crime. Hair analysis for abused drugs has been recognized as a powerful tool to investigate exposure of subjects to these substances. However, it was difficult to estimate precisely the time of drug administration from the position of drug along the hair shaft. Even if the activity is to happen at some unspecified time, the court’s rejection of the case related to unspecified drug abuse may continue to pose significant problems for the integrity and impartiality of the judicial system, which is making it almost impossible for law enforcement agencies operating to bring about significant reductions in the abuse of illegal drug. Hair analysis results have been admitted as scientific evidence of drug use. The unresolved scientific issues should not obstruct the admissibility of strongly positive test results but also may not be explanatory for the entire case, even though specific questions need to be answered and the laboratory results may give strongly positive.

목차

Ⅰ. 문제제기

Ⅱ. 공소사실의 특정 및 피고인의 방어권 보장의 의의

Ⅲ. 마약류 투약사범에 있어서 공소사실 특정에 대한 판례의 동향

Ⅳ. 모발감정의 증거능력과 증명력

Ⅴ. 대상판례에의 적용

키워드

마약류범죄 공소사실의 특정 피고인의 방어권 모발감정 공소기각 Count Specification Protection of Defendant Drug Abuse Crime Hair analysis