1. Case Overview
The client is a Vietnamese national living in Korea, and was arrested for drug trafficking and administration following a report from a person who used to be a neighbor in his hometown.
2. Applicable Law
The Narcotics Control Act (Drug Control Act) defines narcotics, psychotropic drugs and cannabis as narcotics, and strictly prohibits the manufacture, sale, and administration of narcotics by unauthorized persons in accordance with this law. Under Article 58 of the Narcotics Control Act, heavy punishment of life or imprisonment of up to 5 years or more may be imposed if you manufacture or sell narcotics.
3. Assistance of Counsel
The informant stated that he purchased drugs from the client and administered them together with the client, and a video of the informant taking drugs was found on the client's mobile phone, which was very unfavorable to the client. Law-win's lawyers immediately visited the detention center at the police station and interviewed the client to thoroughly check the details of the case. Law-win’s lawyers and interpreter found out that the only evidence of the case was the informant’s statement, but the informant had malicious feelings toward the client, and found that the informant’s statement was inconsistent and false in many parts, and our lawyers strongly asserted to the investigation agency that the client's drug test result was negative.
With the help of Law-win's attorneys, the client was immediately released arrest warrant was not filed, and was eventually acquitted (insufficient evidence).
5. Significance of the Outcome
In the drug-related cases, with the exception of drug testing, the allegations are often substantiated by the statements of those around them. Moreover, although it was very difficult to prove that the client was clear of the charges, for the client in fact had a video of the informant taking drugs, Law-win’s lawyers carefully grasped the informant’s statement and flaws with interpretation in the process of making the statement, and by properly analyzing and asserting the credibility of the informant’s statement, such as the consistency of the statement, we were able to get our client acquitted of the charges.