국문요약 ·············································································· 1
❘제1장❘ 서 론 ∙ 전영실 ························································3
제1절 연구목적 ·····························································································5
제2절 연구대상 및 연구방법 ·········································································7
1. 연구대상 ··········································································································7
2. 연구방법 ········································································································10
가. 판결문 조사 ····································································································10
나. 실무가 자문 ····································································································10
❘제2장❘ 마약류사범의 특성 및 처우관련 논의 ∙ 전영실 ····13
제1절 마약류사범의 특성 및 범죄관련 요인 ··············································15
제2절 마약류사범의 처우관련 논의 ····························································19
❘제3장❘ 집행유예를 받은 마약류사범의 특성 및 처분 ∙ 김지영 ·······················································25
제1절 집행유예를 받은 투약사범의 특성 ····················································27
1. 사회인구학적 특성 ························································································27
가. 국적 ·················································································································27
나. 성별 ·················································································································27
다. 연령 ·················································································································28
라. 직업 ·················································································································28
마. 거주지 ·············································································································30
2. 사건특성 ········································································································31
가. 죄명 ·················································································································31
나. 범죄유형 ··········································································································32
다. 이종경합범죄 유무 ·························································································32
라. 공범유무 및 공범간의 관계 ··········································································33
마. 마약류 종류 ····································································································34
바. 마약류 획득경로 ·····························································································35
사. 반성여부 ··········································································································35
아. 자수여부 ··········································································································36
자. 조직범죄구성원 여부 ·····················································································37
3. 범죄경력 및 처분특성 ··············································································37
가. 범죄경력 ··········································································································37
나. 처분 ·················································································································38
다. 변호사 선임여부 ·····························································································40
제2절 보호관찰을 받은 투약사범의 특성 ····················································40
1. 사회인구학적 특성 ························································································40
가. 국적 ·················································································································40
나. 성별 ·················································································································41
다. 연령 ·················································································································42
라. 직업 ·················································································································42
마. 거주지 ·············································································································44
2. 사건특성 ········································································································45
가. 죄명 ·················································································································45
나. 범죄유형 ··········································································································46
다. 이종경합범죄 유무 ·························································································47
라. 공범유무 및 공범간의 관계 ··········································································47
마. 마약류 종류 ····································································································48
바. 마약류 획득경로 ·····························································································48
사. 자수여부 ··········································································································50
아. 조직범죄 구성원여부 ·····················································································50
3. 투약특성 ········································································································51
가. 마약구매가격 ··································································································51
나. 투약량 ·············································································································51
다. 투약횟수 ··········································································································52
라. 투약간격 ··········································································································53
마. 투약기간 ········································································································54
바. 투약장소 ··········································································································55
사. 투약방법 ··········································································································55
4. 범죄경력 및 처분특성 ··················································································57
가. 범죄경력 ··········································································································57
나. 처분 ·················································································································58
다. 변호사선임 여부 ·····························································································59
제3절 소결 ··································································································60
❘제4장❘ 마약류사범에 대한 보호관찰 등 부가처분 운영현황 ∙ 전영실 ·················································61
제1절 형의 유예처분시 부과되는 보호관찰 등의 성격 ·······························63
제2절 마약류사범에 대한 보호관찰 등 운영실태 ·······································66
1. 일반적인 절차 및 운영 ················································································66
2. 마약류사범의 특성을 고려한 보호관찰 등 운영실태 ·································67
가. 마약류전담 보호관찰제 운영 ·········································································67
나. 마약류사범에 대한 약물검사 실시 ·······························································69
다. 외부전문가 연계 상담 실시 ··········································································70
라. 마약류사범에 대한 보호관찰소 자체 프로그램 운영 ··································72
마. 형의 유예시 보호관찰 등 부과에 대한 평가 ···············································73
❘제5장❘ 형의 유예처분을 받은 마약류사범에 대한 효과적인
사후관리방안 ∙ 전영실 ··········································77
제1절 형의 유예처분시 보호관찰 확대를 통한 사후관리 강화 ···················79
제2절 형의 유예시 부과되는 보호관찰 등의 개선방안 ·······························82
참고문헌 ············································································87
Abstract ···········································································91
부록 ···················································································93

우리나라의 마약류사범은 계속적으로 증가추세에 있으며, 이러한 증가추세와 더불어 높은 재범율이 문제가 되고 있다.
마약류사범의 최근 5년간 재범율을 보면30%대를 나타내고 있으며, 특히 마약류사범 중 가장 많은 비중을 차지하고 있는 향정신성의약품사범의 경우 최근 5년간 재범율이 40%대를 나타내고 있다. 이러한 마약류사범의 재범율을 고려한다면 재범예방을 위한 노력이 무엇보다 중요할 것이다. 마약류사범 중에서는 투약사범의 비율이 50%를 상회하고 있으며, 투약사범의 경우 처벌과 더불어 효과적인 관리감독 및 치료 등의 방안이 병행되어야 재범율 감소에 효과적일 수 있을 것이다.특히 형을 유예하는 선고유예나 집행유예를 할 경우 단순히 유예처분만을 할 것이 아니라 부가적인 관리감독 등을 병행하여 재범을 방지할 수 있도록 해야 할 것이다.즉, 마약류사범을 대상으로 약물사용을 억제하도록 하는 것 뿐만 아니라 개인적 요인이나 가족관계, 주변의 유해한 환경점검 및 차단, 사회경제적 지원 등 다방면에 걸친 접근이 필요하며, 이를 위해서는 형의 유예처분을 받는 사람들에 대한 사후관리가이루어지는 것이 필요할 것이다. 이러한 마약류사범의 특성을 고려한 사후관리는 재범예방에 기여할 수 있을 뿐만 아니라 이들이 건전한 사회의 구성원으로서 역할을하는 데에도 도움이 될 것이다.이러한 점들을 고려해서 마약류사범에 대한 선고유예나 집행유예 처분시 부가되는 처분에 대한 분석 및 이를 토대로 하여 보다 효과적인 사후관리 방안을 모색하는 것이 필요할 것이다. 이러한 입장에서 우리 연구원에서는 형의 유예처분을 받는 마약류사범에 대한 효과적인 관리방안에 대한 연구를 수행하였다. 이 연구에서는 마약류범죄로 집행유예 처분을 받은 사건에 대한 판결문 분석을 통하여 마약류사범의 특성 및 이들에 대한 처분 특성에 대해 파악해 보았습니다. 이와 더불어 형의 유예처분을 받는 마약류사범에 대한 보호관찰 등의 운영현황에 대해 분석해 보았다. 그리고 이러한 연구를 토대로 형의 유예 처분을 받는 마약류사범에 대한 효과적인 관리방안을 제시해 보았다. 이 연구가 형의 유예처분을 받는 마약류사범에 대한 효과적인 관리방안을 마련하는 것 뿐만 아니라 마약류사범의 재범을 예방하는데 기여할 수 있게 되기를 기대해 본다.