We are pleased to announce that our firm successfully defended a criminal appeal before the Seoul Central District Court, where the court dismissed the prosecutor’s appeal and upheld our client’s acquittal on charges under Korea’s Narcotics Control Act.

Case Overview

Our client had been indicted for allegedly violating several Korean criminal statutes, including:

• Violation of the Specific Crimes Act (Dangerous Driving Resulting in Injury)
• Violation of the Road Traffic Act
• Violation of the Narcotics Control Act (psychotropic substance use)

The Appellate Court’s Decision

The appellate court confirmed the lower court’s ruling and held that:

The prosecution failed to prove beyond a reasonable doubt that the defendant recognized the substance as a psychotropic drug or intended its unlawful use.

The court emphasized:

• Criminal liability requires proof of intent, not merely ingestion.
• Prosecutors must establish actual awareness of illegality, not speculation.
• A person receiving a pill in a workplace context for pain relief cannot reasonably be assumed to recognize it as a controlled narcotic.

Accordingly, the court dismissed the prosecutor’s appeal in full.

Our Approach

Our strategy focused on:

• Evidentiary analysis of intent
• Contextual evaluation of how the drug was obtained
• Differentiating lawful medical use from criminal abuse
• Demonstrating the absence of forensic or circumstantial evidence of knowledge
• Presenting expert-guided legal interpretation on criminal fault standards

Facing Criminal Charges in Korea?

If you or someone you know is facing:

• Drug accusations
• DUI or dangerous driving charges
• Police investigation or arrest
• Prosecutor appeals
• Visa-related criminal exposure

We provide defense services in English with a deep understanding of Korean criminal procedure and international client needs.

📩 Contact Now for a confidential consultation.