CONTENTS
- 1. The Client Who Requested a Defense Against Punishment for Narcotics
- - The Client Suspected of Administering a Narcotic
- 2. Establishing a Strategy for the Defense Against Punishment for Narcotics
- - Responding to the Police Investigation and Proving a Responsible Attitude
- - Proving the Unintentional Ingestion of the Narcotic
- - Emphasizing First-Time Offender Status and the Will to Improve
- 3. The Result of Assistance in the Narcotics Case, ‘Non-Prosecution’
- - Narcotics-Related FAQ
- 4. The Level of Punishment for Narcotics
- - Method of Response
- - If You Need the Assistance of an Attorney
1. The Client Who Requested a Defense Against Punishment for Narcotics
The client, who requested a defense against punishment for narcotics, initially struggled by denying the offense out of fear of punishment, but through the systematic assistance of a criminal attorney was able to receive a non-prosecution disposition and avoid punishment.
The Client Suspected of Administering a Narcotic
In the past, while traveling abroad, the client inhaled ketamine once out of curiosity together with a friend.
The client, who later came to be investigated by the police following someone’s report, denied the offense at first out of fear of receiving an actual custodial sentence.
However, the client, fearing that this might lead to a heavier punishment, wisely requested the assistance of an attorney in order to prepare countermeasures.
2. Establishing a Strategy for the Defense Against Punishment for Narcotics
The core of the strategy to defend against punishment for narcotics was to clearly prove that the client had merely inhaled ketamine a single time abroad and that this was not an intentional administration.
It was also important to prove, with supporting materials, that the client was a first-time offender with a low likelihood of reoffending and had a clear will to improve after the incident.
Finally, a strategy was prepared to accurately reflect the facts in the police investigation and to prove a responsible attitude, thereby minimizing any disadvantage.
Responding to the Police Investigation and Proving a Responsible Attitude
In the first police investigation, the client, having no experience with investigative authorities, denied the offense out of fear of punishment.
In response, the criminal attorney, through systematic assistance, clearly proved the client’s responsible attitude and prepared the grounds on which a non-prosecution disposition could be obtained.
· Preparation of a written opinion: Explaining that the client had no intent to conceal the offense or to flee
Proving the Unintentional Ingestion of the Narcotic
On the first day of the trip, when a local recommended ketamine as being safe, the client inhaled it once out of curiosity.
In response, the criminal attorney, through the following assistance, proved that this was not an intentional ingestion and prepared a strategy to minimize any disadvantage.
· Review of statements and evidence: Submitting, as objective material, the circumstances of the trip and the fact of unintentional ingestion
Emphasizing First-Time Offender Status and the Will to Improve
The client is a first-time offender with no criminal record of any kind, and, taking this incident as an occasion, is firmly resolved to never again touch narcotics and to live a life of complying with the law and serving others.
In response, the criminal attorney, through systematic assistance such as completion of reoffending-prevention education and support in establishing a life plan, clearly proved the client’s good faith and will to improve, and prepared a strategy so that this could be reflected favorably in the sentencing and the disposition.
· Support in establishing a life plan: Concretely proving the will to prevent future crime and to reintegrate soundly into society
· Composition of materials submitted to the court: Systematically documenting that the likelihood of reoffending is low and that the client is faithfully putting the will to improve into practice
3. The Result of Assistance in the Narcotics Case, ‘Non-Prosecution’
As a result of the response to punishment for narcotics, the client was able to defend against punishment for narcotics in this case and receive a non-prosecution disposition.
The client, who was satisfied with this, expressed gratitude, saying, “Thanks to the attorney, I was able to receive a non-prosecution disposition.”
Narcotics-Related FAQ
A. Denial alone can be disadvantageous, and it is important to clearly prove the facts and the absence of intent. A systematic defense strategy is therefore necessary.Q. I want to defend against punishment for narcotics. Is it advantageous to deny the offense in the police investigation?
A. Yes, even if you ingested a narcotic abroad, a Korean national is subject to the application of Korean law. The initial response and the securing of materials are therefore important.Q. I administered a narcotic abroad. Will I be punished for narcotics in Korea?
4. The Level of Punishment for Narcotics
In the case of punishment for narcotics, the level of punishment varies depending on which narcotic was ingested.
Where, as with the client, a person possesses or administers ketamine, the person is subject to the following punishment under the Narcotics Control Act.
| Article 60 of the Narcotics Control Act | Imprisonment for not more than 10 years or a fine not exceeding 100 million won |
In particular, ketamine tends to be punished strictly by the courts because of the harm it causes to the body and the high likelihood of secondary crime.
Accordingly, even where, as with the client, a person inhales a substance without knowing it is a narcotic, the person becomes subject to criminal punishment, so it is very important to clarify the facts and establish a defense strategy through systematic legal assistance from the early stage of the case.
Method of Response
In order to respond to punishment for narcotics, it is important to accurately organize the facts from the early stage of the case, to cooperate faithfully during the police investigation, and to systematically record statements and evidence.
If you objectively prove whether the ingestion was unintentional and the circumstances surrounding it, and clearly organize the prevention of reoffending and the will to improve, this can be reflected favorably in the disposition.
It is also effective to systematically prepare the relevant materials and to consistently submit the facts and circumstances concerning the case as a whole.
If You Need the Assistance of an Attorney
Daeryun Law Firm closely analyzes cases and establishes a systematic defense strategy in order to minimize disadvantages in narcotics cases.
Through its own evidence investigation center, it thoroughly reviews the relevant materials and secures objective evidence by using narcotics testing, evidence forensics, and a polygraph, among other methods.
If you wish to defend against punishment for narcotics in a situation such as the above, please request assistance at any time through the 🔗consultation appointment of Daeryun, the ninth-largest law firm in Korea (based on 2025 National Tax Service value-added tax filings).
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