마약류범죄의 처벌에 대한 소고 - 연성 마약을 중심으로 - (A Study on Drug-Related Crimes)

서지정보

· 발행기관 : 한국비교형사법학회
· 수록지 정보 : 비교형사법연구 / 15권 / 2호 / 63 ~ 94페이지
· 저자명 : 박용철

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.

영어초록

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.

참고자료

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