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Violation of the Narcotics Control Act (psychotropic substances)
Violation of the Narcotics Control Act (psychotropic substances)Suspended sentence

Narcotics Attorney Assistance Case | Acquittal for Purchase of Narcotics and Suspended Sentence for Use

The client, who sought a narcotics attorney, was indicted for purchasing and administering methamphetamine, and as the possibility of an actual custodial sentence was raised due to the repeated offenses, retained a narcotics attorney to seek assistance.

1. The Client Who Sought Out the Narcotics Attorney

Narcotics Specialist Attorney, Narcotics Use and Purchase, Case Study



This is a case of a client who, thanks to the assistance of a narcotics specialist attorney, obtained an acquittal on the purchase charge and a suspended sentence for the act of use, even in a narcotics case assessed as a serious crime with a risk of recidivism.

The Client Who Faced a Possible Custodial Sentence as a Repeat Narcotics Offender

The client in this case had a prior record of having already received a sentence of imprisonment for the administration and purchase of methamphetamine.

After being detained in custody, the client had been released on a suspended sentence by a narrow margin, but the fact of another purchase relating to a separate administration that had taken place before that time was later revealed, and the client became caught up in criminal proceedings again.

The present offense and the prior offense arose in effect from a single course of conduct, but because they were separated in time, they were dealt with as concurrent crimes.

In the end, the client again stood trial on charges of repeated drug administration and purchase, and the possibility of an actual sentence was very high.

Accordingly, the client, having determined that assistance specialized in drug cases was needed, retained a drug specialist attorney.

2. The Narcotics Case as Organized by the Narcotics Attorney

The client, who sought a narcotics attorney, had previously been convicted on charges of administering and purchasing methamphetamine, and had been released while under a suspended sentence accordingly.

However, after release, yet another charge of administering and purchasing methamphetamine, committed at an earlier point in time, came to light, and the client was indicted again.

The prosecution determined that this second charge was also an act of purchasing and administering methamphetamine, indicted the defendant as a repeat offender, and sought an actual custodial sentence.

In response, the narcotics attorney organized the following legal points in the case.

Summary of the Facts Charged

∙ Charge
The charge of purchasing and administering methamphetamine despite not being a narcotics handler

∙ Applicable statute
Violation of Article 4 (1) of the Narcotics Control Act

∙ Level of punishment
Under Article 60, imprisonment for up to 10 years or a fine of up to 100 million won

Issues of the Case

The drug attorney focused on the point that, regarding the charge of purchasing drugs, there was no particular objective evidence other than the client's confession.

Accordingly, the attorney chose a strategy of actively arguing innocence on the purchase part, and, as for the use, of inducing a suspended sentence through the fairness of concurrent crimes and various grounds for mitigation.

3. The Narcotics Attorney's Strategic Response

Narcotics Specialist Attorney, Assistance Provided, Case Study



The narcotics specialist attorney determined that, in the case of repeated use and recidivism, the likelihood of an actual custodial sentence is very high.

Accordingly, the narcotics attorney focused on persuasively highlighting the maximum possible mitigating grounds while denying the client’s purchase charge, by employing the following strategy in the actual courtroom.

Narcotics Attorney's Strategy (1) Arguing the Relationship Among Concurrent Crimes and Sentencing Equity

This case was one in which criminal facts that had not been addressed in the previous judgment came to light later, and in substance it was conduct within the same criminal course as the prior case.

Accordingly, the narcotics attorney emphasized that, under Article 39(1) of the Criminal Act, it should be assessed together as a concurrent crime, and argued for fairness in sentencing.


Article 39 of the Criminal Act (Concurrent Crimes Not Yet Adjudicated, Several Judgments and Concurrent Crimes, Execution of Punishment and Concurrent Crimes)

(1) Where there is a crime among concurrent crimes that has not yet been adjudicated, a punishment shall be imposed for that crime in consideration of fairness with the case in which that crime and the crime for which judgment has become final would be adjudicated simultaneously. In this case, the punishment may be mitigated or remitted.

Narcotics Attorney's Strategy (2) Demonstrating Genuine Remorse and Social Ties

The narcotics attorney emphasized that the defendant had confessed all the offenses from the police investigation stage and had subsequently written and submitted handwritten letters of remorse on several occasions.

The attorney also secured and submitted petitions from family, friends, and coworkers who continuously supported the defendant and were living together with the defendant.

This served as a factor supporting the possibility that the defendant could return to society and live without reoffending.

Narcotics Attorney's Strategy (3) Emphasizing the Absence of Corroborating Evidence

With respect to the purchase charge, there was no direct evidence or indirect circumstance proving the purchase apart from the defendant's confession.

Accordingly, the drug attorney made clear that the administration act was a separate crime occurring after the purchase, and that it was insufficient to serve as corroborating evidence of the purchase.

The attorney also strongly argued that the syringe used for administration was a pharmacy purchase, and that there was no evidence that it was a syringe traded in a state containing narcotics.

4. The Narcotics Attorney's Assistance Outcome, "Suspended Sentence"

Drug Attorney Methamphetamine Use Suspended Sentence Case



On the basis of the drug attorney's strategic response, logical arguments, and specific supporting evidence, the court rendered an acquittal on the charge of purchasing methamphetamine and a suspended sentence of 2 years on the charge of use.

This can be said to be the result not merely of listing grounds for mitigation, but of comprehensively proving various factors, such as the legal grounds, the defendant's living situation, and social ties.

If You Are Involved in a Narcotics Case

In a narcotics case, where it is a repeat offense, the possibility of a custodial sentence is high, so the assistance of a narcotics attorney with relevant experience is important from the early stage of the case.

Based on extensive experience defending narcotics cases, Daeryun Law Firm responds thoroughly, from the analysis of the facts to the establishment of a sentencing strategy.

If you need assistance with a narcotics case, you may use the 🔗legal consultation reservation to have your situation assessed.

마약전문변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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