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I am curious about the sentencing guidelines for the offense of drug possession.
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A friend asked me to keep drugs for him, so I simply kept them at my home. A few months ago, a friend asked me to keep drugs for a while, and thinking that merely keeping them would be fine, I kept them at my home. However, my friend was reported, and during the investigation he apparently told them that I had the drugs... As a result, I have become involved on suspicion of the offense of drug possession, and I wonder whether there are separate sentencing guidelines.
Drug possession offense
Answer to Related Inquiry
Author: 박동일
The sentencing guidelines for the offense of drug possession are determined by comprehensively considering various factors, such as the type and quantity of the drug, the purpose of possession, and the circumstances of the offense.
Even where the drugs were kept merely at a friend’s request, this may be found to constitute the offense of drug possession under the Criminal Act, and the motive for and degree of participation in the offense have a significant impact on sentencing.
In general, for the offense of drug possession, the court may reduce the sentence by taking into account mitigating circumstances, such as passive participation in the offense or involvement through conditional intent, voluntary surrender or cooperation with the investigation, and the absence of any prior criminal punishment.
In addition, cases involving diminished mental capacity, as well as cases in which a drug addict has a voluntary intention to undergo treatment, may also serve as mitigating factors.
Accordingly, factors such as the fact that this was mere storage, the absence of any intent to actively use or trade the drugs, the possibility of cooperation with the investigation, and the lack of any prior record may work favorably in the sentencing determination, and the specific sentence varies depending on the particular circumstances of the case and the type and quantity of the drug.
For details, we recommend that you confirm the matter through a consultation with an attorney specializing in this area.
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