Juvenile Drug Use Can Be Punished Without Exception!

This is LAWFIRM LEAP, where a team of three attorneys with backgrounds at major law firms and the police handles cases together.

Those reading this post may be parents of children facing investigation for juvenile drug use, or students themselves.

Drugs are highly addictive and habit-forming, so once a person starts, the likelihood of reoffending is high. Even as a first-time offense as a matter of law, this is a crime for which leniency is difficult to obtain.

In particular, since minors have not yet fully matured, exposure to addictive substances can carry even greater risks, so leniency can only be obtained by thoroughly demonstrating that the risk of reoffending is low.

In particular, if the case involves a juvenile subject to the Juvenile Act's protective disposition provisions, protective measures will follow, and you must seek a prompt response strategy, since such protective measures can be fatal to future school admission.

Therefore, if you are facing investigation in this matter, you should promptly obtain the assistance of a legal professional.

In that spirit, today we at LAWFIRM LEAP, with attorneys who have backgrounds at major law firms and the police, will explain effective methods for defending against sentencing when involved in a case of juvenile drug use.

01What is the level of punishment for juvenile drug use?

Juveniles are familiar with online media and have low awareness of drug crimes, so situations in which they encounter drugs through the internet, social media, the dark web, and similar channels are increasing.

Under the Act on the Control of Narcotics, etc., the substances subject to punishment include cannabis, psychotropic drugs, and narcotic inhalants, among others. The severity of punishment varies depending on the type of drug involved.

Cannabis — imprisonment of up to 5 years or a fine of up to KRW 50 million Psychotropic drugs, item (a) — imprisonment of 1 year or more Psychotropic drugs, item (b) — imprisonment of up to 10 years or a fine of up to KRW 100 million Psychotropic drugs, item (c) — imprisonment of up to 10 years or a fine of up to KRW 100 million Psychotropic drugs, item (d) — imprisonment of up to 5 years or a fine of up to KRW 50 million

Fortunately, if the individual is a juvenile subject to the Juvenile Act aged 10 or older but under 14, criminal punishment may be avoided, but the individual must still comply with any protective disposition.

Depending on the case, a protective disposition may still be recorded on the school record if it is disposition No. 4 or higher, so it is important to minimize the disposition.

It is also necessary to determine whether the conduct involved simple use, mere possession, or use and consumption with friends, or whether sale or brokering was involved.

Even mere possession or buying and selling drugs can result in imprisonment of up to 5 years or a fine of up to KRW 50 million, so you should seek a strategy to defend against disposition.

Therefore, even in a first offense, you should not respond complacently, and should not assume you are safe from criminal punishment simply because you are a juvenile subject to the Juvenile Act; you must respond promptly with an initial strategy alongside legal counsel.

02How can the punishment for juvenile drug use be reduced?

If you are being investigated by an investigative agency in connection with this matter, you should first obtain advice from a legal professional to analyze the case.

Only after conducting an accurate analysis of the situation can you approach the initial investigation and avoid making statements that are disadvantageous to you.

You must also confirm your age, the circumstances of your involvement in the case, and whether it involved use, possession, or sale, and respond with a comprehensive strategy based on all of these factors.

If the charge is in fact valid, it is important to show active cooperation with the investigative agency and a consistent attitude of remorse.

Drug cases often involve secured evidence and have a high recidivism rate, and the number of juvenile drug offenders continues to increase, making leniency difficult to obtain.

Therefore, you should not recklessly claim to be cleared of suspicion or repeatedly change your statements; if the charge is supported by the evidence, you should show genuine remorse and reflection.

If the conduct was a one-time occurrence, you should state clearly that it was not habitual but an impulsive act, and that you will never touch drugs again.

It is also advantageous to explain that you were still a minor and lacked the sound judgment to recognize the wrongfulness of the act, and, emphasizing that a prison sentence in this matter would jeopardize your future, to appeal for leniency using materials such as an attorney's opinion letter, petitions from parents or acquaintances, and a personal letter of reflection.

Depending on the circumstances, if you have undergone a urine test or a simple reagent test, you should systematically respond to this with the assistance of a more specialized legal representative.

If you act hastily and make a mistake in your initial statement, it will be difficult to obtain leniency even with sentencing materials, so you should engage in the early investigation together with a specialized attorney to avoid the risk of becoming a drug offender.

An attorney with a police background understands the police's perspective better than anyone.

The attorneys at our firm, LAWFIRM LEAP, have experience at Korea's largest law firms, Kim & Chang and Bae, Kim & Lee, as well as backgrounds as police officers, and have handled numerous cases, including drug cases, in which the initial investigation stage is critical.

Accordingly, as we possess in-depth know-how needed to respond to an initial investigation, we actively assert the client's position from the beginning to the end of the case.

At LEAP, we understand your situation and urgent concerns better than anyone, and we will mobilize all of our knowledge and experience to help achieve the best possible outcome.

To promptly resolve this matter, which could be devastating to your child's future or your own, you should seek the assistance of legal counsel in advance and devise a resolution strategy.

If the information provided today has not resolved your concerns, please feel free to contact us at LEAP at any time.

Please prepare thoroughly for your police interview statement and drug investigation with a strategy tailored to your situation.

Thank you for reading this long post.