CONTENTS
- 1. The Client Who Sought Out a Narcotics Law Firm
- 2. The Narcotics Control Act, Explained by a Narcotics Law Firm
- - Anticipated Severity of the Client's Punishment
- 3. Defense of the Client Undertaken by a Narcotics Law Firm
- - Submission of the Defense Counsel's Written Opinion
- - Submission of Sentencing Materials
- 4. The Case Outcome Obtained by a Narcotics Law Firm
1. The Client Who Sought Out a Narcotics Law Firm
The client who came to the narcotics law firm requested an urgent consultation, stating that he faced the risk of receiving a heavy sentence on a charge of violation of the Narcotics Control Act.
The narcotics law firm's consultation specialist attorney immediately set out to grasp the details of the case, which were as follows.
About 5 years ago, the client had received a fine on a charge of drug use, a suspended sentence 4 years ago, and a sentence of 1 year of imprisonment 3 years ago.
Not long after being released following his term of imprisonment, in a lonely state of mind and wishing to find a companion, the client met a man on a random chat application he had used.
The client made plans with this man and had a meal at a restaurant, and as they got along, they naturally came to visit lodging accommodations.
At the lodging, the man asked whether the client had ever used drugs, and without even waiting for the client's answer, handed over a packet containing drug powder.
The client had resolved never to use drugs again, but upon seeing the drug powder, he ended up using it without realizing it.
Afterward, suffering from self-reproach, the client turned himself in for the use, and as the case was referred to the prosecution, he requested assistance from the narcotics law firm in order to receive even a slightly lower sentence.
Aware of the gravity of the case, the narcotics law firm immediately prepared a response strategy and decided to provide assistance on the case.
2. The Narcotics Control Act, Explained by a Narcotics Law Firm
The narcotics law firm reviewed the Narcotics Control Act that the client had violated.
1. Possessing, owning, using, transporting, managing, importing, exporting, manufacturing, dispensing, administering, transferring, trading, arranging the trade of, or providing narcotics or 🔗psychotropic drugs
Under the Narcotics Control Act, a person who is not a narcotics handler is strictly prohibited from acts such as administering narcotics.
2. A person who, in violation of Article 4(1), trades, arranges the trade of, transfers, possesses, owns, uses, manages, dispenses, administers, or provides a psychotropic drug falling under item (b) or (c) of subparagraph 3 of Article 2 or a psychotropic drug containing such substance, or a person who issues a prescription stating a psychotropic drug
The narcotic that the client administered was a psychotropic drug, and accordingly the client faced the risk of a high level of punishment, namely imprisonment for not more than 10 years or a fine of not more than 100 million won.
Anticipated Severity of the Client's Punishment
The important point here is that the client had been sentenced to imprisonment, a penalty of imprisonment without labor or heavier, and less than 3 years had passed since the completion of its execution, so the client fell under repeat offense and the sentence could be aggravated up to twice.
(2) The punishment for a repeated crime shall be aggravated up to twice the maximum term (長期) of the punishment prescribed for the crime.
In addition, the Sentencing Commission recommends that, where there is a prior record of the same type of offense for a drug administration crime, this be regarded as an aggravating factor in sentencing.
Accordingly, the client faced a situation in which a sentence of imprisonment for up to 20 years could be imposed, so a prompt response was needed.
3. Defense of the Client Undertaken by a Narcotics Law Firm
Upon reviewing the client's case, the narcotics law firm determined that the anticipated severity of punishment was high, and prepared a mitigation strategy so that the sentence could be reduced as much as possible.
Submission of the Defense Counsel's Written Opinion
The narcotics law firm submitted a defense counsel's written opinion and requested a reduction of sentence.
▶Contents of the narcotics law firm's defense counsel's written opinion
The client voluntarily appeared before the investigative agency and turned himself in
The client is undergoing drug addiction rehabilitation treatment
The offense in this case was impulsive, so there is no room for reoffending
Submission of Sentencing Materials
The narcotics law firm prepared and submitted sentencing materials for the client's reduction of sentence.
▶Sentencing materials submitted by the narcotics law firm
Handwritten letters of appeal from people close to the client
The client's outpatient treatment confirmation and a doctor's medical opinion: arguing that the client is consistently receiving treatment and that there is no room for reoffending
4. The Case Outcome Obtained by a Narcotics Law Firm
As a result of the drug law firm mounting the defense, the client received a relatively low sentence of 6 months' imprisonment and concluded the case.
The client, who had three prior drug offenses and had been caught for the fourth time, had expected to inevitably receive a sentence of several years' imprisonment, but expressed gratitude for the assistance in obtaining a reduction of sentence.
For drug-related crimes such as drug administration, given that they are difficult to detect and can have a significant adverse impact on society, severe punishment is being imposed.
In particular, as with the client in this case, for repeat offenders, recidivists, and habitual offenders, a heavy sentence is unavoidable, so failing to respond quickly may result in severe punishment.
This firm assists in cases with experienced attorneys who have extensive experience handling drug cases preparing response strategies.
Daeryun Law Firm, which has established a year-round 24-hour emergency response system, invites you to make a 🔗legal consultation reservation to receive a solution for resolving a drug case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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