마약류범죄의 처벌에 대한 소고 - 연성 마약을 중심으로 -
A Study on Drug-Related Crimes
0
조회
0
다운로드
10
인용
0
참고문헌
키워드
초록
What should be the norm and standard for the punishment of drug-related crimes? Some people may argue that there cannot be a single answer for that. Others would think that there is no need to have any norm or standard because morally it is just plain wrong. Still others would say there is a silver bullet answer for the punishment of drug-related crimes. Should a person be punished as severely as possible to deter him from using any drug or becoming addicts? In other words, should a policy reason come forward with implementing any drug policy? Or it should be different depending upon what kind of drugs we are talking about. We in general, as non-drug-addicts would never figure out the state of minds of addicts. In Korea a drug policy in general does not discriminate the kinds of drugs people take. Although the degree of punishments differ depending upon what drugs a person uses, as long as the substance is categorized as a controlled one, taking drugs is an behavior to be punished. The UN and some states in the United States lately suggested to change the policy against any drug. In case of marihuana, it was suggested that at least allowing medicinal use would be rather beneficial for the society as a whole, because the Drug is not too addictive and contrary to many beliefs most of people who take marihuana do not become dangerous. The drug policy which makes every drug related activity evil needs to be refreshed. The reason that the Policy needs to be fixed is not because war on drug failed, but because it may not just to have the drug policy as it has been.
Abstract
What should be the norm and standard for the punishment of drug-related crimes? Some people may argue that there cannot be a single answer for that. Others would think that there is no need to have any norm or standard because morally it is just plain wrong. Still others would say there is a silver bullet answer for the punishment of drug-related crimes. Should a person be punished as severely as possible to deter him from using any drug or becoming addicts? In other words, should a policy reason come forward with implementing any drug policy? Or it should be different depending upon what kind of drugs we are talking about. We in general, as non-drug-addicts would never figure out the state of minds of addicts. In Korea a drug policy in general does not discriminate the kinds of drugs people take. Although the degree of punishments differ depending upon what drugs a person uses, as long as the substance is categorized as a controlled one, taking drugs is an behavior to be punished. The UN and some states in the United States lately suggested to change the policy against any drug. In case of marihuana, it was suggested that at least allowing medicinal use would be rather beneficial for the society as a whole, because the Drug is not too addictive and contrary to many beliefs most of people who take marihuana do not become dangerous. The drug policy which makes every drug related activity evil needs to be refreshed. The reason that the Policy needs to be fixed is not because war on drug failed, but because it may not just to have the drug policy as it has been.
참고문헌 (28)
- 김경태, "마약류범죄에 대한 통제방안 연구", 원광법학, 25(4), pp.177~198 (2009), 법학연구소
- 박상기, "형사정책" (2005), 한국형사정책연구원
- 전경수, "마약류 투약범죄에 대한 대체의료교정정책 연구", 박사, 행정학, pp.2004
- 전현욱, "중독(中毒)에 대한 정당한 형사정책의 기준과 한계: 불법과 그 주관적 귀속에 관한 형법이론을 중심으로", 형사정책연구, 24(2), pp.1~26 (2013), 한국형사정책연구원
- "헌법재판소 2004.2.26. 선고, 2001헌바75 결정", ~ (2004)
- "헌법재판소 2005.11.24. 선고, 2005헌바46 결정", ~ (2005)
- "헌법재판소 2010.11.25. 선고, 2009헌바246 결정", ~ (2010)
- "춘천지방법원 2012.11.1. 선고, 2012고단992 판결", ~ (2012)
- "대검찰청 2012.2 마약류 월간동향", ~ (2012)
- "대검찰청 2013.9 마약류 월간동향", ~ (2013)
- 대검찰청, "범죄백서" (2012)
- "식품의약품안전처 2013.4.2 보도자료", ~ (2013)
- "식품의약품안전처 2013.8.6 보도자료", ~ (2013)
- Patric Devlin, "the Enforcement of Morals" (1965)
- Ronald Dworkin, "Lord Devlin and the Enforcement of Morals", Yale L.J, 75, pp.986~ (1966)
- David Elikins, "Drug Legalization: Cost Effective and Morally Permissible", B. C. L. Rev, 32, pp.575~ (1991)
- Joel Feinberg, "Harm to Self" (1986), Oxford University Press
- H. L. A. Hart, "Law, Liberty and Morality" (1963)
- John Hospers, "Libertarianism and Legal Paternalism", The Journal of Libertarian Studies, 4(3) (1980)
- "The 1912 Hague International Opium Convention", ~
- "The 1925 Geneva International Opium Convention", ~
- "The 1931 Convention for Limiting the Manufacture and Distribution of Narcotic Drugs", ~
- "The Single Convention of Narcotic Drugs of 1961", ~ (1961)
- "The Harrison Narcotics Tax Act of 1914", ~ (1914)
- "The Comprehensive Drug Abuse Prevention and Control Act of 1970", ~ (1970)
- "United States v. Oakland Cannabis Buyers' Cooperative, 532 U. S. 483 (2001)", ~ (2001)
- "Gonzales v. Raich, 545 U. S. 1", ~ (2005)
- "Department of Justice, Smart on Crime - Reforming the Criminal Justice System for the 21st Century", ~ (2013)