Conditional Suspended Sentence for First-Time Drug Offense – Foreign National Case

Conditional Suspended Sentence for First-Time Drug Offense – Foreign National Case

Law Firm Dongju 법무법인 동주 

A foreign national working in Korea was indicted for violating the Narcotics Control Act after being found to have used methamphetamine (a psychotropic substance) on multiple occasions. Despite being a first-time offender, the nature of the drug involved carried a high risk of imprisonment and subsequent deportation.

From the outset, the case presented serious challenges. Methamphetamine-related offenses are treated with particular severity under Korean law, and for foreign nationals, a custodial sentence would almost certainly trigger immigration consequences, including deportation and re-entry bans.

Dongju Law Firm developed a comprehensive defense strategy aimed not only at reducing criminal liability, but also at minimizing the long-term impact on the client’s legal status and future.

Key defense strategy:

• Clarifying the scope of the offense
  Establishing that the case involved personal use only, with no intent to distribute, sell, or profit from narcotics.

• Explaining motive and circumstances
  Demonstrating that the drug use stemmed from curiosity and poor judgment, rather than addiction or organized criminal activity.

• Emphasizing first-time offense and clean record
  Submitting records confirming no prior criminal history in Korea or the client’s home country.

• Demonstrating remorse and rehabilitation efforts
  Providing written statements of reflection, participation in counseling, and concrete plans for drug education and treatment.

• Active cooperation with authorities
  Highlighting consistent and cooperative conduct throughout police and prosecutorial investigations.

✅ Outcome:

The court imposed a suspended prison sentence, allowing the client to avoid incarceration. This result significantly reduced the risk of immediate deportation and preserved the possibility of addressing immigration matters through proper legal procedures.

 

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 *광고책임변호사 : 이세진