Arrest, Release Drugs | Violation of the Act on Aggravated Punishment, etc. of Specific Crimes (Hyangjeong) - Busan District Court 2022 Warrant 11***

- Case Overview: The client “conspired with anonymous persons to import ketamine, a psychoactive drug, from Germany to Korea and by assuming a role of receiving exported ketamine in Korea,

(s)he imported 1,483.49g of ketamine which is worth KRW 96,426,850 from Germany to Korea in June 2022.” While under investigation, the prosecution requested an arrest warrant and the substantive review of the warrant was conducted.

Applicable laws: Act on Aggravated Punishment, etc. of Specific Crimes Article 11 Paragraph 1 Subparagraph 1, Narcotics Control Act Article 58 Paragraph 1 Subparagraph 6,

Article 4 Paragraph 1 Subparagraph 1, Article 2 Paragraph 3 Item b

- Attorney's Assistance: Because of the client's situation, where (s)he got arrested without a warrant, it was not easy to keep the conversation flowing.

Through an hour-long interview right before the warrant review, our defense counsel identified the following facts and defended his (her) urgent arrest.

△ The fact client lived near his workplace only for a short period to raise money for school tuition during his school break,

yet he has a permanent residence △ He assisted in the criminal investigation, such as actively informing the police of the whereabouts of his accomplice to make the arrest possible

△ Right after the emergency arrest, the client appointed us as his (her) defense counsel and we did our best to protect his (her) right of defense

△ The fact that relatives living in Korea submitted a petition for the client.

- Outcome: As a result, the court accepted the defense's argument and dismissed the arrest warrant requested against the client.

- Significance of the Outcome: IIn this case, the client was already on trial for drug use and was under police investigation for drug trafficking.

The address on the alien registration card and the current residence were different. It seems that (s)he does not have a fixed address for (s)he lived intermittently near the workplace.

Because the client was in a love relationship with the accomplish, the possibility of destroying evidence to help the lover seemed high. As a Vietnamese student, the risk of arrest seemed high since there was a possibility of escaping abroad.

A time like this, like the client, if you are a 21-year-old Vietnamese student who came to study abroad in Korea for only three years, you need help from those around you, including an attorney, more than anyone else.

Do not let the arrest deprive your opportunity to exercise your right to defense.

Thus, the outcome of this case is of great significance in that the client was allowed to faithfully participate in the investigation and trial without being arrested.

Therefore, even in court, the suspect can appropriately exercise his (her) right of defense in a faraway country.

- Attorneys in charge of the case: Attorney Ji-Sung Ahn, Attorney Da-Som Park

 Translator : OH Su-Hyun