CONTENTS
- 1. Large-Scale Narcotics Offenders | Concept
- - Definition of Controlled Substances
- - Difference Between Narcotics and Controlled Substances
- 2. Large-Scale Narcotics Offenders | Penalty Levels
- 3. Large-Scale Narcotics Offenders | Types
- - Large-Scale Narcotics Offender Cases
- 4. Large-Scale Narcotics Offenders | Response Measures When Involved
- 5. Large-Scale Narcotics Offenses | Key Issues
1. Large-Scale Narcotics Offenders | Concept
A large-scale drug offender refers to a case in which the value of the narcotics handled by a drug offender exceeds a certain threshold.
Merely administering or trading a large quantity does not, by itself, lead to classification as a large-scale drug offender.
In such cases, the Act on Aggravated Punishment of Specific Crimes applies rather than the Narcotics Control Act, resulting in aggravated punishment.
Definition of Controlled Substances
The word “narcotics” derives from the Greek term narkotikos and carries the meaning of making one numb.
This is because narcotics have the property of inducing sleep, stupor, and numbness, thereby relieving pain.
They were originally used for medical purposes to relieve severe pain, but because they are highly addictive and produce strong dependence, their abuse causes serious harm to the human body and has a negative effect on society as a whole, so they are strictly regulated.
▶ Characteristics of narcotics as defined by the WHO
The World Health Organization (WHO) defines the characteristics of narcotics as follows.
-Strong habit formation: the desire to continue using the drug is very strong
-Increased tolerance: the dose gradually increases in order to obtain the same effect
-Withdrawal symptoms: serious physical and mental symptoms appear when use is stopped
-Social harm: the harm does not remain with the individual but spreads to the family, neighbors, and society as a whole
For this reason, most countries designate narcotics by law and strictly control their manufacture, import, sale, and use.
Difference Between Narcotics and Controlled Substances
In general, the term "narcotics" corresponds to the narrow concept, and it is often distinguished from psychotropic drugs or cannabis (marijuana).
In Korea, however, the legal term "controlled substances" is used to encompass all of these, and the relevant law, the Narcotics Control Act, classifies controlled substances into the following three categories.
▶Narcotics
-Natural substances derived from the opium poppy (Papaver somniferum), opium, coca leaves, and the like
-Including chemical substances with strong central nervous system depressant effects, such as morphine, cocaine, heroin, fentanyl, and methadone
-Very strong addictiveness and withdrawal symptoms
▶Psychotropic drugs
-Used only for limited medical purposes, and act on the central nervous system to produce effects such as hallucination, stimulation, and sedation
-Examples: philopon (methamphetamine), LSD, ecstasy (MDMA), ketamine, zolpidem, etc.
-Strong psychological dependence, and serious side effects when used excessively
▶Cannabis
-Marijuana and its resin, and products containing cannabis components
-The "THC (tetrahydrocannabinol)" component produces hallucinogenic effects
-In some countries it is permitted on a limited basis for medical or recreational use, but in Korea it is in principle fully prohibited
▶Temporary controlled substances
Because new types of drugs have been emerging rapidly in recent years, even substances not yet designated as controlled substances under the law are designated as "temporary controlled substances" and managed just as strictly.
∙Requirements for designation as a temporary controlled substance
-A substance that affects the central nervous system and has effects or a structure similar to existing controlled substances
-Where there is a possibility of causing physical or mental harm
∙Classification
-Group 1 temporary controlled substances: where dependence and harmfulness are very high
-Group 2 temporary controlled substances: where there is a certain level of risk but it is relatively low
The Ministry of Food and Drug Safety gives advance notice of the relevant information in the official gazette or on its website, and then, through a designation announcement, treats and manages the substance like a controlled substance.
Even a substance not designated as a controlled substance, if designated as a temporary controlled substance, will result in the same level of criminal punishment for manufacturing, possessing, or administering it, so particular care is required.
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2. Large-Scale Narcotics Offenders | Penalty Levels
Importing or exporting narcotics, manufacturing them, arranging their sale, and possessing or owning them for the purpose of import, export, or manufacture are all subject to punishment.
Punishment is divided between cases where the value of the narcotics is 5 million won or more but less than 50 million won and cases where the value is 50 million won or more, and the levels of punishment are as follows.
| Where the value of the narcotics is 5 million won or more but less than 50 million won | Life imprisonment or imprisonment for 7 years or more |
| Where the value of the narcotics is 50 million won or more | Life imprisonment or imprisonment for 10 years or more |
3. Large-Scale Narcotics Offenders | Types
Large-scale narcotics offenders can be classified into the following types according to the form of their offense.
1) Large-scale trafficking and brokering type
-The act of directly manufacturing or securing narcotics and selling or supplying them to others in large quantities
-Also includes cases of arranging for narcotics to be purchased or sold through a third party
2) Large-scale import and export type
-The act of bringing large quantities of narcotics from abroad into the country, or taking them out of the country to abroad
-Smuggling by sea, air, international mail, and the like is representative
3) Manufacturing-purpose type
-Cases of directly manufacturing narcotics, or possessing raw materials and equipment for the purpose of manufacturing them
-Includes the operation of factories for large-scale manufacturing, illegal synthesis facilities, and the like
4) Large-scale possession and transport type
-Even where a person only stores or transports narcotics in large quantities, they may be recognized as a large-scale offender depending on the intent and scale of the crime
For all of the above types, if the value exceeds a certain standard, the person is subject to aggravated punishment as a large-scale narcotics offender under the Act on Aggravated Punishment of Specific Crimes.
Large-Scale Narcotics Offender Cases
The following examines actual cases of large-scale narcotics offenders and the levels of punishment.
CASE 1. Operating a narcotics shopping site on the dark web
A man in his thirties who operated a dedicated narcotics shopping site on the dark web, accessed through the hidden internet, was sentenced at first instance to 10 years' imprisonment.
The transaction volume confirmed by the prosecution alone amounted to about 160 million won, and the seized narcotics, including cannabis and cocaine, were found to be worth approximately 1 billion won at market price.
Case 2. So-called one of Southeast Asia's three drug kingpins, sentenced to 25 years' imprisonment on appeal as well
A narcotics distributor called one of Southeast Asia's three drug kingpins was sentenced to 25 years' imprisonment on appeal as well.
The appellate court imposed the same 25 years' imprisonment as the original judgment, completion of an 80-hour drug addiction rehabilitation program, and collection of equivalent value of about 699 million won.
The distributor was charged with selling and using substances such as methamphetamine and synthetic cannabis from 2018 to 2021 while dealing with domestic suppliers using Telegram.
At the time of his repatriation, 13 investigative agencies nationwide were seeking Mr. Kim on charges of narcotics distribution, and the confirmed scale of narcotics distribution was found to reach 7 billion won worth.
Case 3. Mastermind of cocaine manufacturing sufficient for 1.22 million people to use, sentenced to 25 years' imprisonment
A group that attempted to distribute liquid narcotics brought in from Colombia after turning them into a solid form sufficient for 1.22 million people to use was given a heavy sentence.
The mastermind was indicted on charges including making 61 kg of solid cocaine together with two Colombian technicians at a factory in Gangwon Province.
This is worth 30 billion won at retail price and is an amount that 1.22 million people could use at once.
The court sentenced the domestic mastermind to 25 years' imprisonment and the domestic sales mastermind to 20 years' imprisonment.
4. Large-Scale Narcotics Offenders | Response Measures When Involved
If you come under suspicion of being a large-scale narcotics offender, the following procedures and response strategies can be important.
1. Responding to the initial investigation
- Legal consultation through the retention of defense counsel before the police or prosecutorial investigation can be critical
- Coordinating the investigation schedule and providing accompaniment support during the investigation
- Preparing for a search and seizure and conducting a preliminary check of digital forensics
2. Organizing the circumstances of contact with and handling of the narcotics
- Explaining consistently the circumstances of involvement with the narcotics and the motive and context of contact
- Carefully reviewing whether the narcotics were actually handled and whether there was intent
3. Determining the type of narcotics and calculating the value
- Calculating the transaction value based on the market price by type and quantity of the narcotics
4. Reviewing whether there was aiding or abetting or instigation
- Because punishment is possible even for a person who is not the direct actor, it can be important to contest whether there was aiding or abetting or instigation
- Where there was no substantial contribution, this must be proven
5. Responding to a custodial investigation
- A large-scale narcotics offender is considered to present a high risk of flight and destruction of evidence, so the possibility of a custodial investigation is high
- An active response to the examination of the warrant for detention (interrogation of the suspect before detention) is needed
- It is necessary to submit a written opinion through defense counsel and to assert grounds for defense, such as the stability of residence and employment
6. Preparing materials for a reduction of the sentence
- Composing grounds for mitigation by considering whether it is a first offense, a letter of reflection, petitions from family and acquaintances, and willingness to rehabilitate
- Submitting hospital treatment records, counseling history, and the like for treatment of narcotics addiction
7. Responding at trial
- A defense focused on rebutting evidence, asserting not guilty, or asserting grounds for mitigation is needed
- Reviewing whether to appeal if dissatisfied after the pronouncement of judgment
5. Large-Scale Narcotics Offenses | Key Issues
In large-scale narcotics cases, the response of investigative agencies is swift and firm compared with ordinary criminal cases, and the rate of actual custodial sentences is also high.
In particular, professional legal interpretation is required in the calculation of value and the determination of the sentence, and the assistance of a legal expert is necessary.
Drawing on its experience in responding to narcotics crimes, this firm has its narcotics attorneys analyze cases accurately and establish defense strategies to do its utmost to minimize disadvantage.
You may wish to receive one-stop, step-by-step defense assistance from an attorney specializing in narcotics matters, from the investigative agency questioning through the trial stage.
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