CONTENTS
- 1. First-Time Drug Offender Client
- - Background of the Case
- 2. Assistance Provided to the First-Time Drug Offender Client
- - Guidance on Writing a Letter of Apology
- - Submission of a Medical Certificate
- - Submission of Documents Proving Family Relationship
- 3. Result of the First-Time Drug Offender Case: "Reversal of the Original Judgment"
- 4. Punishment Standards for First-Time Drug Offenders
- - Mitigating Factors
- - Do You Need the Assistance of a Specialist?
- - FAQ Related to Drug Cases
1. First-Time Drug Offender Client
The client, who was a first-time drug offender, had been sentenced to imprisonment at the first instance, but through the systematic assistance of a criminal attorney, the client proceeded with an appeal and was able to have the sentence reduced to a minor fine.
Background of the Case
The client left the country to meet a friend living in the United States and, without giving it much thought, put cannabis that the friend had given into a bag and returned to Korea.
The client later inhaled it out of curiosity and ultimately became involved in a drug-related crime through a report by an acquaintance.
At the original trial, imprisonment was imposed, but the client requested the assistance of a criminal attorney in order to reduce the sentence through an appeal.
In response, the criminal attorney comprehensively analyzed the circumstances of the client's offense and whether the client was remorseful, and carefully established a strategy to increase the possibility of a sentence reduction.
2. Assistance Provided to the First-Time Drug Offender Client
So that the first-time drug offender client could obtain a sentence reduction through the appeal, the attorney first identified the issues in the case.
▶ Is the client genuinely remorseful for the conduct, and is there no possibility of reoffending?
▶ Can the client's family and social circumstances and mental state be taken into account in the execution of the sentence?
Guidance on Writing a Letter of Apology
From the original trial stage, the client admitted the charge of drug use and had shown deep remorse.
Accordingly, the criminal attorney provided guidance so that the letter of apology the client would write could include the following points, and assisted so that it could be effectively conveyed to the court.
· The point that the client deeply regrets the incident
· The point that the client fully recognizes the impact on society and family
Submission of a Medical Certificate
The client suffers from schizophrenia and has experienced great difficulties, including a past suicide attempt, and continues to receive hospital treatment to this day.
The criminal attorney directly submitted to the court relevant evidence such as the client's hospital medical certificate and treatment records.
On this basis, the attorney emphasized to the court that a long period of incarceration could instead have an adverse effect on the mental health of the client, which had been recovering through treatment and management up to now.
Submission of Documents Proving Family Relationship
The client works at a company and is solely responsible for the livelihood of his elderly mother.
The mother is pleading for leniency for the client, stating that she will take good care of him so that such an incident never happens again.
On behalf of the client, the criminal attorney submitted the relevant materials to the court and emphasized to the court that the client has a stable family relationship and possesses an attitude of seeking to lead a normal social and economic life.
- Family relationship certificate
- Petition for leniency
3. Result of the First-Time Drug Offender Case: "Reversal of the Original Judgment"
As a result of assisting the client, who was a first-time drug offender, the court took the following points into account, reversed the original judgment, and imposed a minor fine.
▶ The point that the client appeared to have been in a mentally difficult situation
▶ The point that the client showed an attitude of confessing and being remorseful
In response, the client expressed gratitude, saying, "Thanks to my attorney, I was able to avoid an actual custodial sentence."
4. Punishment Standards for First-Time Drug Offenders
The mere fact of being a first-time drug offender does not mean that the punishment will be light, and the level of punishment for drug-related crimes varies greatly depending on the type of drug.
If, like the client, a person smokes or ingests cannabis, an actual custodial sentence may be imposed under Article 61 of the Narcotics Control Act, and the responsibility is very serious.
In addition, not only smoking but also mere possession is likewise unable to escape criminal punishment, and there is a risk that a long term of imprisonment may be imposed.
Level of Punishment
Statutory Provision | Level of Punishment |
Narcotics Control Act Article 61 | Imprisonment for up to five years or a fine of up to 50 million won |
Mitigating Factors
Even where a person administers or merely possesses cannabis, it is very important to respond by strategically presenting mitigating factors that take into account the circumstances of the case and personal situation.
· Where the offense was committed with willful negligence
· Mental and physical weakness
· Voluntary surrender
· Passive participation
· Significant cooperation with the investigation
· A drug addict's voluntary and active intention to undergo treatment
· No record of criminal punishment
· General cooperation with the investigation
Do You Need the Assistance of a Specialist?
Even a first-time drug offender may be given an actual custodial sentence, and the level of punishment can become very heavy depending on the means of the offense.
Daeryun Law Firm closely reviews the circumstances of the offense, the degree of remorse, and the possibility of reoffending in drug use cases to establish a tailored response strategy.
The firm submits to the court materials that can increase the possibility of a sentence reduction, such as hospital medical certificates, family relationship certificates, and petitions for leniency, and supports the writing of a letter of apology and the response in court.
If you become involved in a drug case in a situation such as the above, please feel free at any time to request assistance through a 🔗legal consultation reservation.
FAQ Related to Drug Cases
A. If the fact of inhalation overseas is confirmed after entry into the country, domestic law (the Narcotics Control Act) applies.Frequently Asked Question Related to First-Time Drug Offenders #1
Q. If I used cannabis overseas and then entered the country, am I still punished in Korea?
If the substance is detected through a urine or hair test immediately after entry, there is a high likelihood of indictment.
A. It does not necessarily result in a sentence reduction.Frequently Asked Question Related to First-Time Drug Offenders #2
Q. Does filing an appeal always result in a sentence reduction?
Because an appeal is a procedure that re-examines whether the first-instance judgment was legally sound, there are cases in which the original judgment is maintained without a sentence reduction, and depending on the circumstances there is also a possibility that a more unfavorable determination is made.
However, where mitigating circumstances were not sufficiently reflected at the first instance, or where new materials are submitted and circumstances that may affect sentencing are clearly revealed, the possibility of a sentence reduction may increase.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
