Yoo Ah-in Denies ‘First-Time Drug Offender Imprisonment’ Conviction, Aiming for Suspended Sentence in Second Trial?

On the afternoon of the 3rd, Yoo Ah-in was sentenced to one year in prison and taken into custody during the sentencing for violating the Narcotics Control Act (psychotropic drugs) and other charges at the Seoul Central District Court's 25th Criminal Division. The court found him guilty of all charges, including habitual marijuana use, drug abuse, and purchasing medical drugs under another person's name.








On the 4th, the prosecution filed an appeal, seeking a harsher sentence. They argued that despite the severity of Yoo Ah-in's crimes, which involved the habitual purchase and use of various drugs such as marijuana, propofol, and zolpidem over an extended period, and his attempts to obstruct justice by tampering with evidence, the sentence of one year was significantly lower than the four years they had requested.








Subsequently, on the 5th, Yoo Ah-in also filed an appeal through his legal representatives, challenging the first trial's verdict.















Yoo Ah-in was indicted without detention in October 2023 for habitual propofol use, illegal prescription purchases of sleeping pills under another person’s name, marijuana use, and instigating evidence tampering. According to the prosecution, between September 2020 and March 2022, he received 181 habitual doses of medical propofol at hospitals across Seoul and was illegally prescribed sleeping pills under another person’s name 44 times from May 2021 to August 2022.








During the sentencing, the court addressed the key issues it deemed guilty. "The defendant and his attorney claimed that since he purchased medical drugs with a prescription from a doctor, he should not be punished under the Narcotics Control Act's exceptions. However, the court judged that such cases do not fall under those exceptions. Under medical law, the patient must receive the prescription directly from the doctor, and the purchase must be in the patient’s name. Thus, the court recognized all habitual drug purchases as guilty."








However, Yoo Ah-in was acquitted of the charges of marijuana possession, instigating marijuana smoking, and evidence tampering. The court stated, "It is difficult to conclude that the defendant’s act of handing marijuana to a hair YouTuber, Mr. Kim, in Los Angeles constitutes possession or instigating smoking. The evidence suggests that Mr. Kim smoked the marijuana of his own free will after the defendant's suggestion. The court found that the prosecution did not sufficiently prove the charges."








Regarding the evidence tampering, the court added, "Although there is suspicion that the defendant attempted to destroy evidence, it is difficult to determine what the deleted text messages contained, making it hard to prove the related charges. A conviction cannot be based on mere suspicion."















The court only found Yoo Ah-in guilty of habitual drug use, stating, "The defendant was found guilty of habitual use of propofol and other drugs 181 times at 14 hospitals over about three years, and of purchasing more than 1,000 medical drugs, including Stilnox, under another person’s name during a similar period."








The court also disclosed the reasoning behind the sentencing, stating, "Propofol and other medical narcotics are strictly controlled due to their dependence and addictive properties. The defendant exploited loopholes in the law to commit his crimes, which is particularly serious. Furthermore, based on various circumstances, the defendant’s dependence on psychotropic drugs appears severe, making it difficult to believe that the risk of reoffending is low. The court also noted that despite repeated warnings from his doctors regarding the dangers of excessive propofol use, he continued to commit the crimes."








However, the court also acknowledged mitigating factors, stating, "The defendant has been suffering from insomnia and depression for a long time, and the primary motivation for his actions seems to have been his inability to sleep, which is somewhat understandable. His honesty about his drug dependency and his efforts to overcome it were also taken into consideration. Moreover, the defendant has no prior record of being punished for similar offenses or other significant criminal history."








During his first trial in December 2023, Yoo Ah-in only admitted to smoking marijuana and denied charges of instigating marijuana use, tampering with evidence, violating the Narcotics Control Act, aiding and abetting, and fleeing abroad. He also claimed that the allegations regarding his use of other drugs, apart from propofol, were exaggerated.








Source: daum





The post Yoo Ah-in Denies ‘First-Time Drug Offender Imprisonment’ Conviction, Aiming for Suspended Sentence in Second Trial? appeared first on KBIZoom. KBIZoom - Breaking news about K-pop, K-drama, Anime/Manga and worldwide entertainment KBIZoom - Breaking news about K-pop, K-drama, Anime/Manga and worldwide entertainment


http://dlvr.it/TDFRTZ