모발감정결과에 기한 공소사실의 특정 (Specifying of Count of Charge Based on the Result of Appraisal of Hair)

서지정보

· 발행기관 : 중앙대학교 법학연구원
· 수록지 정보 : 法學論文集 / 32권 / 1호 / 59 ~ 96페이지
· 저자명 : 황일호

초록

Specifying of count of charge demanded in Criminal Procedure Law is not something with one meaning but its individually specific nature is recognized depending on constructive conditions. Recording of charge based on the result of appraisal of hair and appraisal of urine becomes inevitable in case of narcotics because of secretiveness and difficulty in securing evidence for crimes involving narcotics. When date of crime is recorded in the charge according to presumed period of crime based on result of appraisal the question whether or not it can be considered as effective instituting of public action is raised. From the standpoint of court specifying of count of charge is related to confirming scope of judgement and in case of defendant it is related to the question of guaranteeing right to defend and scope of prohibition of double jeopardy. On the other hand when the suspects deny the fact of abusing narcotics investigation agencies have no choice but recording presumptive period of the term based on result of appraisal as date of crime. Such special aspect raised question on to what extent such practice is to be accepted.
Due to special nature of crime involving abuse of narcotics recording charge based on result of appraisal of urine or hair is inevitable to a certain extent and Supreme Court recognizes power of evidence and proof for the result of such appraisal. However regarding such scope and about specifying the date of crime based on appraisal of hair before 2000 Supreme Court through its judgement recognized effect of general recording but after 2000 Supreme Court either denied effort of general recording or demanded result of more scientific appraisal. But it is not possible to state categorically that judgement of Supreme Court completely denies effect of general recording. But it can be seen as a stage of exploring on the questions what will be acceptable level for accepting the recording of specific crime date as effective. Practically best possible solution on specifying of count of charge for cases involving narcotics seems to be Supreme Court's judgement in which the Court ruled that when hair is appraised by classifying hair according to stages of its growth and also by classifying time of abusing narcotics is in detail then specifying of count of charge is acceptable and thus such judgement of the Court is viewed as reconciling positions of investigation agencies and court regarding issue of specifying of count of charge for narcotics case.

영어초록

Specifying of count of charge demanded in Criminal Procedure Law is not something with one meaning but its individually specific nature is recognized depending on constructive conditions. Recording of charge based on the result of appraisal of hair and appraisal of urine becomes inevitable in case of narcotics because of secretiveness and difficulty in securing evidence for crimes involving narcotics. When date of crime is recorded in the charge according to presumed period of crime based on result of appraisal the question whether or not it can be considered as effective instituting of public action is raised. From the standpoint of court specifying of count of charge is related to confirming scope of judgement and in case of defendant it is related to the question of guaranteeing right to defend and scope of prohibition of double jeopardy. On the other hand when the suspects deny the fact of abusing narcotics investigation agencies have no choice but recording presumptive period of the term based on result of appraisal as date of crime. Such special aspect raised question on to what extent such practice is to be accepted.
Due to special nature of crime involving abuse of narcotics recording charge based on result of appraisal of urine or hair is inevitable to a certain extent and Supreme Court recognizes power of evidence and proof for the result of such appraisal. However regarding such scope and about specifying the date of crime based on appraisal of hair before 2000 Supreme Court through its judgement recognized effect of general recording but after 2000 Supreme Court either denied effort of general recording or demanded result of more scientific appraisal. But it is not possible to state categorically that judgement of Supreme Court completely denies effect of general recording. But it can be seen as a stage of exploring on the questions what will be acceptable level for accepting the recording of specific crime date as effective. Practically best possible solution on specifying of count of charge for cases involving narcotics seems to be Supreme Court's judgement in which the Court ruled that when hair is appraised by classifying hair according to stages of its growth and also by classifying time of abusing narcotics is in detail then specifying of count of charge is acceptable and thus such judgement of the Court is viewed as reconciling positions of investigation agencies and court regarding issue of specifying of count of charge for narcotics case.

참고자료

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