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Deals & Cases

Violation of the Narcotics Control Act (psychotropic drugs)

[First-Time Drug Offender Suspended Sentence Defense Case] First-Time Drug Offender Client Avoids an Actual Sentence Despite Multiple Charges

This is the case of a first-time drug offender client. The client reportedly forged and altered prescriptions for psychotropic drugs to obtain them and then administered them. Brought to trial as a result, the first-time drug offender client decided to seek the help of Daeryun LLC.

CONTENTS
  • 1. First-Time Drug Offender Client Urgently Visits Daeryun
    • - The Reason the First-Time Drug Offender Client Committed the Drug Offense
    • - The Possible Sentence for the First-Time Drug Offender Client
  • 2. Specialist Attorney: "The Facts That the Client Is a First-Time Drug Offender and Took Drugs for Reasons Different from Other Drug Offenders Should Be Taken Into Account"
  • 3. Court Imposes a Suspended Sentence on the First-Time Drug Offender Defendant

1. First-Time Drug Offender Client Urgently Visits Daeryun

The reason the first-time drug offender client urgently came to Daeryun was that the client was charged with forging and altering prescriptions for psychotropic drugs and administering them.

The first-time drug offender client was ultimately brought to trial. Drug crimes carry a high potential for social condemnation, and courts impose heavy punishments for them, so caution is required.

As a first-time offender, the client requested Daeryun's assistance in responding to the drug crime trial.

The Reason the First-Time Drug Offender Client Committed the Drug Offense

The first-time drug offender client explained that the reason for committing the drug offense was that it was an offense arising from a lack of awareness.

The client had been prescribed and administered psychotropic drugs at a hospital for body management. The client reportedly understood it to be a medication that the hospital prescribed readily.

Wanting to be prescribed a larger amount of the medication, the client then forged the hospital prescription.

Afterward, a pharmacist who sensed that the client's prescription was unusual reported it, and the client came to stand trial.

The client, who faced multiple charges in addition to the violation of the Narcotics Control Act, was in a difficult position, and to respond to the trial the client entrusted the matter to us at Daeryun.

The Possible Sentence for the First-Time Drug Offender Client

Let us examine the possible sentence for the first-time drug offender client. For the client, who traded and administered drugs, a sentence of imprisonment for not more than 5 years or a fine not exceeding 50 million won could be imposed.

Narcotics Control Act Article 3 (Prohibition of General Acts)

No person shall commit any act falling under any of the following subparagraphs.

10. Any act falling under any of the following items

(a) Smoking or ingesting cannabis or the skin of cannabis seeds

(b) Possessing cannabis, cannabis seeds, or the skin of cannabis seeds for the purpose of committing the act under item (a)

(c) Trading or arranging the trade of cannabis seeds or the skin of cannabis seeds while knowing that the act under item (a) or (b) is intended

Narcotics Control Act Article 61 (Penalty Provisions)

(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.

4. A person who, in violation of Article 3, subparagraph 10, commits any act falling under any of the following items

(a) A person who smokes or ingests cannabis or the skin of cannabis seeds

(b) A person who, for the purpose of committing the act under item (a), possesses cannabis, cannabis seeds, or the skin of cannabis seeds

(c) A person who, while knowing that the act under item (a) or (b) is intended, trades or arranges the trade of cannabis seeds or the skin of cannabis seeds

(2) A person who habitually commits a crime under paragraph (1) shall have the penalty prescribed for that crime increased by up to one half.

2. Specialist Attorney: "The Facts That the Client Is a First-Time Drug Offender and Took Drugs for Reasons Different from Other Drug Offenders Should Be Taken Into Account"

Through a careful consultation with the client, Daeryun Law Firm formed a specialist attorney team made up of multiple experts with extensive experience in first-time drug offender cases.

The Daeryun specialist attorney team emphasized that, even after the trial in this case, the defendant was repenting and reflecting on his wrongdoing.

The team also emphasized that the people around the defendant were petitioning for leniency for him, and argued that leniency be extended to the first-time drug offender defendant.

■ The defendant was repenting and reflecting on his wrongdoing

■ The defendant had no prior convictions for the same type of offense

■ It was confirmed that the defendant purchased and administered the drug due to an obsession with his physique

■ The defendant's case was different from those of other drug offenders

3. Court Imposes a Suspended Sentence on the First-Time Drug Offender Defendant

The court accepted the arguments of the Daeryun Law Firm specialist attorney and ruled, "The defendant is sentenced to 2 years of imprisonment. However, execution of the above sentence is suspended for 4 years from the date this judgment becomes final."

Although the client in this case was a first-time drug offender, the method and seriousness of the offense, which included altering and using a prescription to purchase a controlled substance, were poor.

With Daeryun's assistance, however, the team emphasized the sentencing factors favorable to the client, and as a result the client was able to avoid detention in court.

Daeryun Law Firm operates a Drug Response Group, in which a drug defense team of 3 to 20 members handles clients' cases.

Because detention is more likely in drug cases, the assistance of attorneys who have handled many such cases can be helpful.

At Daeryun, a team can be assembled to provide efficient legal analysis and response.

If you are under investigation or on trial as a drug offender, you may consult Daeryun's Drug Response Group. The team can work to guide the investigation or trial in a direction favorable to the client and to resolve the matter promptly.

[마약초범 집행유예 방어사례] 마약초범 의뢰인, 다수 혐의 적용되었으나 실형 면해

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.

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