To Keep Your Child from Becoming a Drug Offender Due to 'Study-Enhancing Drugs'

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

Among those reading this article, there may be students or parents whose children have come under police investigation on suspicion of taking so-called "study-enhancing drugs" while preparing for college entrance exams.

Once a person starts using it, there is a high chance of relapse, as it is a highly addictive substance.

In particular, when a minor is exposed to such illegal drugs, it can cause not only mental and physical problems but also lead to habitual seeking of drugs.

Since this can lead to secondary or tertiary problems, cases involving drug offenses by minors are in fact handled strictly.

Even if you are a juvenile not subject to criminal responsibility, drug cases are highly likely to result in a strong protective disposition, such as commitment to a juvenile reformatory, among other protective measures, so you need to respond systematically from the outset with the assistance of an experienced attorney in order to obtain a favorable outcome.

With that in mind, today LAWFIRM LEAP, staffed with attorneys who previously worked at major law firms and as police officers, will explain legal responses to drug crimes involving minors.

If you urgently need legal assistance, please contact LAWFIRM LEAP.

We will provide an optimized solution tailored to your situation.

01What Punishment Applies to Taking 'Study-Enhancing Drugs'?

Recently, as drug transactions increasingly occur even among ordinary people through the dark web or social media, minors are also being exposed to such incidents in many cases.

In particular, students under pressure from exam preparation, upon feeling a temporary boost in concentration, find it difficult to stop even knowing the drug is illegal, which eventually leads to serious problems.

Act on the Control of Narcotics, etc., Article 4 (Prohibition of Handling Narcotics, etc. by Non-Handlers) 1. Possessing, owning, using, transporting, managing, importing, exporting, manufacturing, compounding, administering, delivering, selling, brokering the sale of, or providing narcotics or psychotropic substances 2. Cultivating, possessing, owning, delivering, transporting, storing, or using cannabis

Under the Act on the Control of Narcotics, etc., Korea prohibits cannabis, psychotropic substances, drug inhalants, and various other substances, and the severity of punishment varies depending on the type involved.

Even without directly inhaling methamphetamine or other drugs, consuming them indirectly through snacks or jelly containing stimulant components is also subject to punishment, so caution is required.

If involved in this matter, using cannabis carries a penalty of up to 5 years' imprisonment or a fine of up to KRW 50 million, while psychotropic substances such as methamphetamine carry a penalty of up to 10 years' imprisonment or a fine of up to KRW 100 million.

Furthermore, if a person not only used the drug but also encouraged friends to try it and engaged in buying and selling, this too carries a penalty of up to 5 years' imprisonment or a fine of up to KRW 50 million, so it is essential to find a defense strategy.

Since the severity of criminal punishment is very high, and if the offender does not qualify as a juvenile exempt from criminal responsibility, they must bear criminal liability, it is important to quickly seek remedies and leniency to avoid disadvantages to schooling and future career decisions.

Of course, if the offender is between 10 and under 14 years of age and thus qualifies as a juvenile exempt from criminal responsibility, criminal punishment can be avoided, but a protective disposition will still follow.

And if the protective disposition includes a strong measure such as commitment to a juvenile reformatory, the juvenile will ultimately be deprived of physical freedom and unable to have a normal adolescence.

Even if commitment to a reformatory is avoided, a disposition of Level 4 or higher will be recorded on the school record, so measures must be sought to minimize the disposition.

Therefore, one should not respond carelessly.

Even for a first-time offender or a juvenile exempt from criminal responsibility, a systematic response is needed until the final lenient decision is rendered, so we urge you to participate in the investigation together with an experienced attorney.

02How to Minimize Punishment for Taking 'Study-Enhancing Drugs'

If you are investigated by law enforcement authorities on suspicion of taking drugs in this matter, you should first retain legal counsel to analyze the circumstances of the case and the applicable legal requirements and establish a response strategy.

In this matter, the sentence is determined by examining whether there was habituality and intent.

In other words, if a person knowingly and intentionally took an illegal drug, or has habitually taken it on multiple occasions, it is difficult to obtain leniency.

However, if the person purchased the substance believing it was simply a drug beneficial to the brain, without knowing it was actually a narcotic, it is important to prove the absence of intent by presenting evidence such as the other party's advertising materials.

When purchasing online, if the seller deceived the buyer about the nature of the substance, intent cannot be established, creating a real possibility of leniency.

Also, after comprehensively reviewing the current age of the offender, the circumstances of the case, and whether the conduct was limited to use or extended to sale, one can estimate the likely sentence; if the evidence is clear, rather than denying guilt and worsening the impression, it is a better strategy to acknowledge the offense, show remorse, and appeal for leniency.

In addition, emphasizing that the conduct was a one-time occurrence, that the offender is still a young minor, and expressing a firm commitment never to use such substances again can help secure a suspended indictment or a lenient protective disposition.

Furthermore, in these matters, it helps to obtain a lighter disposition if not only the minor but also the parents actively get involved, emphasizing that the child's future is at stake, and appeal for leniency while demonstrating a commitment to properly guide the child at home.

In particular, during the police investigation, which involves urine tests, simple reagent tests, and initial statements, parents should refrain from responding hastily and instead retain legal counsel for their child's future and respond systematically.

A good initial response can resolve a momentary lapse in judgment.

Attorneys with a police background understand the police's perspective better than anyone.

The attorneys at LAWFIRM LEAP have experience working 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, where the initial stage of the investigation is critical.

With our in-depth investigative know-how, we can help actively assert the client's position from the beginning to the end of the case.

We at LEAP understand better than anyone the situation and urgency you face, and we will mobilize all our knowledge and expertise to achieve the best possible outcome so that no disadvantage arises to your child's future or your own.

If, after reading today's article, you need to establish a strategy for an upcoming police investigation, please feel free to contact LEAP at any time.

Please prepare thoroughly for the drug case with a customized strategy tailored to your situation.

Thank you for reading this long article.