CONTENTS
- 1. Violation of the Narcotics Control Act, What Were the Detailed Circumstances?
- - The Narcotics Control Act, Related Information and Statutes?
- 2. The Narcotics Control Act, What Was the Court's Determination?
- 3. The Narcotics Control Act, Daeryun's Strategy
1. Violation of the Narcotics Control Act, What Were the Detailed Circumstances?
Defendant A, who was prosecuted for violating the Narcotics Control Act, underwent endoscopy 33 times over a period of three months.
At a clinic in Daejeon, A complained of conditions such as gastrointestinal disorders and requested sedation endoscopy, but this was in fact a deliberate act intended to obtain propofol.
Although A was in financial hardship and could not properly pay the medical fees, A underwent sedation endoscopy for the purpose of being administered propofol, and on 12 occasions A fled without paying the medical fees.
A is also charged with punching and kicking the face of a nurse who tried to stop the escape, thereby inflicting bodily injury.
The Narcotics Control Act, Related Information and Statutes?
During sedation endoscopy, medical narcotics such as propofol (an anesthetic) or midazolam (a hypnotic sedative) are used for sedation. Among these, propofol is a controlled substance that became the subject of considerable controversy due to repeated administration by actors.
Since 2011, the Ministry of Food and Drug Safety has designated propofol as a controlled substance and begun regulating it. According to the “Standards for the Safe Use of the Medical Narcotic Propofol” announced in September 2020, propofol is a drug with a high potential for abuse, and it must not be administered alone independently of a procedure, surgery, or diagnosis, and may be used only for the induction and maintenance of general anesthesia and for sedation.
Even in the case of medical narcotics, 🔗repeated administration or 🔗possession may be punishable under the relevant statutes.
▣ Act on the Control of Narcotics, etc., Article 4 (Prohibition of Handling Narcotics, etc. by Persons Other Than Narcotics Handlers) (1) No person other than a narcotics handler shall engage in any of the following acts. 1. Possessing, owning, using, transporting, managing, importing, exporting, manufacturing, dispensing, administering, delivering, selling, arranging the sale of, or providing narcotics or psychotropic drugs 2. Cultivating, possessing, owning, delivering, transporting, storing, or using cannabis 3. Issuing a prescription that lists narcotics or psychotropic drugs 4. Manufacturing semi-narcotics |
The sentence for drug administration varies depending on the type of drug administered. Among these, propofol falls under item (d) of psychotropic drugs under the Narcotics Control Act.
▣ Act on the Control of Narcotics, etc., Article 61 (Penalty Provisions) (1) Any of the following persons shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.
5. A person who, in violation of Article 4 (1), sells, arranges the sale of, delivers, possesses, owns, uses, manages, dispenses, administers, or provides a psychotropic drug falling under item (d) of subparagraph 3 of Article 2 or a psychotropic drug containing such a substance, or who issues a prescription listing a psychotropic drug |
2. The Narcotics Control Act, What Was the Court's Determination?
For A, who stood criminal trial for violating the Narcotics Control Act, the court imposed a suspended sentence.
According to the investigation, A stated that A had committed the offense due to the psychological distress and sleep disorder caused by divorce litigation.
The court found that “narcotics offenses are serious crimes that harm public health and threaten the nation's public-health order, and because their adverse effects on society as a whole are grave, there is a strong need for severe punishment,” and that “the defendant administered propofol under the pretext of sedation endoscopy and, to that end, additionally committed offenses such as fraud, so the nature of the offense is poor.”
However, stating that it “had considered, among other things, the fact that the defendant must raise a young child and the fact that the defendant reflected on the conduct during the period of detention and pledged not to reoffend,” the court imposed one year and six months' imprisonment, with a three-year suspension of execution. The court also ordered probation, 120 hours of community service, and 40 hours of attendance at a drug-treatment course.
3. The Narcotics Control Act, Daeryun's Strategy
We have analyzed a District Court judgment that, in consideration of the motive, imposed a suspended sentence on a defendant who, on suspicion of violating the Narcotics Control Act, underwent sedation endoscopy dozens of times for the purpose of being administered propofol and then failed to pay the medical fees.
In the past, Korea was called a drug-free country, but as drugs have recently become easy to purchase over the internet, cases of people starting to use drugs out of curiosity have been increasing.
However, Korea classifies drug offenses as serious crimes and imposes strict punishment even on first-time offenders, so if you are facing related charges, it may be advisable to consult with an attorney without delay.
At Daeryun Law Firm LLP, 🔗attorneys handling narcotics matters form a response team dedicated to the client and provide assistance from the investigation stage to help the client avoid excessive punishment.
If you need assistance with a related matter, you are welcome to request a legal consultation with Daeryun at any time.
