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Q
I am a first-time drug offender and consumed it without knowing it was a drug. Will I be punished?
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A few days ago, I drank a beverage that a stranger shared at a club. Because it tasted so good, I drank about two or three more glasses. When I later asked what the beverage was, I was told that a drug had been in it. I truly did not know that it was a drink containing a drug. Even though I am a first-time drug offender, can I still be criminally punished?
first-time drug offender
Answer to Related Inquiry
Author: 박동일
Yes, you may be punished.
As in your case, there are indeed cases where a person drinks a beverage handed over by a stranger at a club or bar and becomes unintentionally involved in a drug case.
However, in order to argue that you did not know it was a drug, there must be circumstances or evidence capable of proving that you genuinely had no intent.
Merely asserting that you did not know makes it difficult to be exonerated, and the investigative agency will closely examine the circumstances and background of the consumption.
In addition, even being a first-time drug offender does not mean that criminal punishment is exempted.
Whether one is a first-time drug offender is merely one of the grounds for a reduction of sentence, and it is no more than a factor considered in determining the level of punishment, such as suspension of indictment, a suspended sentence, or a fine.
If you are punished after becoming involved in a drug case, the level of punishment varies depending on the type of drug, and you may be subject to at most imprisonment for not more than 10 years or a fine of not more than 100 million won.
Therefore, in order to lower the level of punishment, it is very important to organize the facts with the assistance of a specialized attorney and to systematically submit mitigating factors such as being a first-time drug offender.
If you have already been caught by the police, it can be an important strategy to consistently assert, from the investigation stage onward, that you are a 'victim' who came into contact with the drug without intent .
For details, we recommend that you consult with a specialized attorney who has abundant experience in drug cases.
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