마약 투약사범의 공소사실 특정 – 모발 투약시기 추정과 관련하여 -

Drug investigations is formal, but also specialized field in some sense, so it can be a very special experience of these cases with lawyers. However, it may require more research in that lawyers can judge wrongly only if they access to the drug case by using only general law logic. The facts say there are many controversies in the future that the Supreme Court decision on count specification focused on drug cases. In this paper, many practice cases which were not dealt with in other papers will be broadly discussed. Thus it can be understood why count specification in drug cases is more considered any other crime, despite the protection of defendant's right to defend himself isn’t absolutely waived. As is pointed out in the Supreme Court judgment, drug use crimes take place in the secret place without witnesses and would be difficult to assess the relevant evidence in most cases. So it is necessary to consider the nature of the crime in determining whether count specification is satisfied. If it could at least meet some standards, it would be admitted that count specification could be fulfilled. One standard is a drug violation record. If the person with a drug violation record, he would fully understand the meaning of the positive result in the hair analysis. The other is the positive result in two or more sections of the hair analysis. Eventually, the court should not dismiss a prosecution but hold a plea by the substantive trial, if the defendant is confirmed as a drug addict according to the above standards. Without strict control of drug, our country may be dangerous in traffic of drug. If there are many consumers, it is inevitable that there are many smuggling of drugs in our country. It is the prerequisite condition of preventing of drug spread that the first step of drug use must be punished.