First-Time Drug Offender | Defended a Client and Achieved a "Suspended Sentence" Despite the Purchase and Use of Synthetic Cannabis

2024.09.13박동일

This is the account of a client who sought Daeryun LLC out of fear that, as a first-time drug offender, he would serve a sentence of imprisonment with labor. Through Daeryun's defense, he obtained a suspended sentence even though he had purchased and administered synthetic cannabis.

1. The Reason a First-Time Drug Offender Came to Daeryun

The client, a first-time drug offender, who sought Daeryun LLC, said that he understood that mere possession of drugs is heavily punished and asked that a sentence of imprisonment with labor be prevented.

2. The Facts of the Crime Concerning the First-Time Drug Offender Client

The first-time drug offender client faced the risk of punishment based on the following facts of the crime.

The First-Time Drug Offender Client's Purchase of Synthetic Cannabis

A few years ago, the first-time drug offender client exchanged messages with a drug dealer through an online messenger agreeing to purchase synthetic cannabis.

After depositing the amount into the account number provided by the dealer, he collected, at an undisclosed location indicated by the dealer, a synthetic cannabis cartridge that had been wrapped in tape and concealed.

First-time drug offender client, use of synthetic cannabis

The first-time drug offender client loaded the synthetic cannabis cartridge that had been purchased earlier into an electronic cigarette device he already owned and inhaled it.

3. Level of punishment for the first-time drug offender client

🔗Drugs cases are punished severely even for first-time offenders. The level of punishment that the client could face was as follows.

Narcotics Control Act, Article 3 (Prohibition of General Acts) No person shall engage in any of the following acts.

5. Possessing, owning, using, managing, importing or exporting, manufacturing, selling, arranging the sale of, or transferring a psychotropic drug falling under Article 2, subparagraph 3, item (a), or a psychotropic drug containing such a substance. However, this shall not apply where approval has been obtained from the Commissioner of the Ministry of Food and Drug Safety in accordance with the Presidential Decree.

Article 58 (Penal Provisions) ① A person who falls under any of the following shall be punished by imprisonment for life or for a definite term of at least five years.

3. A person who, in violation of Article 3, subparagraph 5, manufactures, imports or exports, sells, arranges the sale of, or transfers a psychotropic drug falling under Article 2, subparagraph 3, item (a), or a psychotropic drug containing such a substance, or who possesses or owns such a drug for that purpose

Article 59 (Penal Provisions) ① A person who falls under any of the following shall be punished by imprisonment for a definite term of at least one year.

5. A person who, in violation of Article 3, subparagraph 5, possesses, owns, uses, or manages a psychotropic drug falling under Article 2, subparagraph 3, item (a), or a psychotropic drug containing such a substance

As concurrent offenses, the first-time drug offender client faced the risk of imprisonment for life or for a definite term of at least five years.

Because the purchase of drugs was a serious crime that could lead to imprisonment for life without the option of a fine, a prompt response was necessary for the first-time drug offender client.

4. Defense of the first-time drug offender client

In order to defend the first-time drug offender client against a sentence of imprisonment, Daeryun Law Firm proceeded with the defense.

First-time drug offender client acknowledged his wrongdoing

The first-time drug offender client acknowledges all of the offenses committed in this case and is sincerely reflecting on them.

The client resolves to live with even greater care so as never again to commit any unlawful act for the rest of his life.

First-time drug offender client was in an unstable situation

The first-time drug offender client grew up in difficult family circumstances and has always carried the burden of having to support the household.

While feeling anxious about his own unstable situation due to this economic burden, he came across a posting by a drug seller and purchased and used synthetic cannabis, an act of which he is deeply repentant.

First-time drug offender client had no record of criminal punishment

The first-time drug offender client has no prior record of criminal punishment.

As he resolves to do his utmost to prevent reoffending going forward, it can be said that there is no likelihood of reoffending.

5. First-time drug offender client, suspended sentence ruling

After hearing the arguments of Daeryun Law Firm, which defended the first-time drug offender, the court issued a suspended sentence to the first-time drug offender client.

Drug-related crimes are, by their nature, not easy to detect and are highly likely to have a serious adverse impact on society, so most such cases are punished severely.

Even so, because the team of attorneys at Daeryun Law Firm worked together on the case, it was possible to avoid a sentence of imprisonment for the client.

If you are facing the risk of punishment as a first-time drug offender, please feel free to reach out to Daeryun Law Firm at any time.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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