함정수사에 관한 연구

Abstract

ABSTRACT

A Study on the Entrapment

Lee, Yong Ho Advisor : Prof. Kim, Jong Goo, Ph.D. Department of Law Graduate School of Chosun University

Difficult problems are occurring that against current crimes through complicated and elaborate plans, post-corresponding investigations alone can not restrain crimes and punish against them properly. Therefore, investigational services have come to use a technique of entrapment against covertly and meticulously planned crimes as a pre-measure, which properly and effectively deals with various aspects of crimes that are secretly planned and complicated. However, for the entrapment, investigational services make themselves or others to incite persons to commit crimes to arrest them. However, several problems occurs in its execution.

Therefore, this study is to identify many problems involved in the entrapment, that is, illegality and tolerance field appearing in that the government incites the accused to commit crimes through a deception or allurement. And for the case the entrapment is permitted, this study examines a few academic assumptions on the tolerance field, its theoretical grounds, ways to control the entrapment out of the tolerance field, and attitudes and precedents of foreign countries centering on American precedents of the entrapment.

Then this study examines several perspectives on the entrapment in our country to confirm the background of revising the Law of Illegal Evidence Collecting Exclusion in Section2 Article 308, Revised Law of Criminal Procedure and cases of foreign legislation. It is to find some problems of the Law of Illegal Evidence Collecting Exclusion and develop plans to improve it. Based on the results, this study is to speculate whether the entrapment is appropriate for pre-corresponding investigation against very destructive crimes, that is, mutually-agreed crimes such as drugs, smuggling, bribes, prostitution, trade of stolen goods, those without victims or covert crimes.

In conclusion, it is to look at proper ways to control the entrapment and to balance conflicting branches of social defense and guaranty of human rights reflecting social ambivalence.