[Pohang Drug Attorney Assistance Case] Pohang Drug Attorney Obtains a Fine Through Assistance on Appeal

The client who came to the Pohang drug attorney needed Daeryun's assistance to appeal a violation of the Narcotics Control Act.

The client had smoked cannabis, was sentenced to imprisonment in the original judgment, and was detained in a detention center.

A few years earlier, the client had violated the Act on Aggravated Punishment of Specific Crimes and was on the suspension period, and the client received a heavier sentence after also committing a drug offense.

The client therefore came to Daeryun's Pohang drug attorney to obtain a reduction of sentence by filing an appeal.

■ Statutes Relevant to the Case as Explained by the Pohang Drug Attorney

◎ Narcotics Control Act

▶ Article 2 (Definitions)
The terms used in this Act are defined as follows.
3. The term "psychotropic drug" means a substance that acts on the human central nervous system and is recognized as posing a serious harm to the human body if misused or abused, falling under any of the following items and prescribed by Presidential Decree.
(b) A drug, or a substance containing such a drug, that has a serious risk of being misused or abused, is used only for very limited medical purposes, and causes severe physical or psychological dependence if misused or abused

▶ Article 4 (Prohibition of Handling Narcotics by a Person Who Is Not a Narcotics Handler)
① A person who is not a narcotics handler shall not engage in any of the following acts.
1. The act of possessing, owning, using, transporting, managing, importing, exporting, manufacturing, dispensing, administering, transferring, trading, brokering the trade of, or providing narcotics or psychotropic drugs

▶ Article 60 (Penalty Provisions)
① A person who falls under any of the following shall be punished by imprisonment for not more than 10 years or a fine not exceeding 100 million won.
2. A person who, in violation of Article 4 (1), trades, brokers the trade of, transfers, possesses, owns, uses, manages, dispenses, administers, or provides a psychotropic drug falling under items (b) and (c) of Article 2 (3) or a psychotropic drug containing such a substance, or a person who issues a prescription listing a psychotropic drug

The Pohang drug attorney argued that the client was deeply remorseful for having smoked cannabis out of mere curiosity.

The attorney also argued that the client had come to understand the gravity of the law after being sentenced to imprisonment in this case.

The client vowed again and again never to commit an offense again.

The Pohang drug attorney argued that the client had no criminal record at all related to drugs.

The client was an ordinary office worker who worked diligently and led an exemplary life as an ordinary member of society.

The attorney argued that, if the client obtained a reduction of sentence on appeal and was released, the client would apply for reinstatement and again establish a place as a respectable member of society.

The Pohang drug attorney argued that the client had voluntarily been admitted to a psychiatric ward and was receiving treatment for drug addiction.

During the treatment, the client actively cooperated with the medical staff of the inpatient ward and received treatment in earnest.

The attorney also argued that the client had not touched drugs even once since the inpatient treatment and had vowed to live diligently going forward.

The client who came to the Pohang drug attorney had been sentenced to imprisonment in the original judgment for a violation of the Narcotics Control Act and sought to appeal in order to obtain a reduction of sentence.

Daeryun's Pohang drug attorney assisted with the overall procedures of the appeal through close consultation with the client.

As a result of the appeal, the court accepted the arguments of Daeryun's Pohang drug attorney, reversed the original judgment, and imposed a fine on the client.

If you are facing concerns in a situation similar to the case above, you may come to Daeryun Law Firm's Pohang drug attorney at any time.