Q
Including drug self-surrender, what are the grounds for sentence reduction and aggravated punishment in drug use cases?
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Hello. I haven't been able to recover about 100 million won that I lent to an acquaintance, and I'm suffering alone over this. As I lent small amounts gradually, it exceeded 100 million won. It's such a large sum that I want to recover it as soon as possible. I want to proceed with a civil lawsuit for outstanding receivables debt collection — how should I go about it? Attorney, please reply quickly!
drug self-surrender
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作者: 박동일
Yes, in addition to drug self-surrender, there are other factors that may lead to sentence reduction.
If you are involved in a drug crime, it is important to first accurately understand your current situation and review applicable mitigation grounds and aggravated punishment grounds together.
For drug use or simple possession, including drug self-surrender, grounds that may lead to sentence reduction include the following.
Mitigating factors
▶ When there are circumstances worth considering regarding the motive or situation of involvement in the crime
▶ When the crime was committed with willful negligence, that is, without clear awareness
▶ When drug self-surrender was made
▶ When actively cooperating with the investigation
▶ When involvement was passive
▶ When in a state of mental impairment
▶ When the offender is a drug addict with a clear will to undergo addiction treatment
▶ When the offender is a first-time offender with no criminal record
On the other hand, the following grounds may lead to a heavier sentence.
Aggravating factors
▶ When the motive for the crime is socially condemnable
▶ When the offender directed or induced others to commit the crime
▶ When the quantity or value of drugs handled is very large
▶ When drugs were habitually used or sold
▶ When there is a history of the same crime in the past
▶ When attempts were made to destroy evidence or flee after the crime
Since these factors can directly affect the court's sentencing decision, the outcome may vary depending on the specific circumstances of each case.
For accurate legal advice or response direction, it is recommended to consult with a criminal defense specialist attorney.
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