Korean American Man Who Bought Drugs to Report to Police Acquitted in Appeal Trial

Seoul Central District Court / Photo by Moon Honam munonam@

[Asia Economy Reporter Kim Daehyun] A Korean Kazakhstani national who was convicted in the first trial for purchasing drugs himself to obtain photographic evidence of drug transactions to provide to the police was acquitted in the second trial.

According to the legal community on the 12th, the Seoul High Court Criminal Division 5 (Presiding Judge Yoon Gang-yeol) overturned the original guilty verdict and acquitted Mr. A (40), who was indicted for violating the Narcotics Control Act, in the appeal trial held the day before.

The court stated, "The original trial's recognition of guilt involved a factual error that affected the judgment," and "the defendant's appeal pointing this out is justified."

Mr. A was indicted in October 2018 for purchasing a new type of drug called 'Spice.' At that time, Mr. A reported drug transactions among foreigners near his home to the police, and the responsible officer requested through an interpreter, 'If possible, please secure and send evidence such as photographs.'

In response, Mr. A sent a message to the interpreter saying, "Should I bring the drugs as evidence? I will try to infiltrate and purchase them today." Afterwards, he bought a small amount of drugs for 50,000 won in cash, delivered the photographed evidence to the police, and immediately disposed of the purchased drugs through the toilet.

Mr. A appeared in person to testify to the police and contributed to the arrest of eight drug offenders, but the investigative authorities prosecuted him for drug trafficking.

In the first trial, the court sentenced Mr. A to 2 years and 6 months in prison with a 3-year probation, stating, "Even if the intent was to collect evidence related to others' crimes, since the transaction was conducted without instructions or delegation from the investigative agency, the intent to commit drug trafficking is recognized."

However, the appellate court overturned the first trial's ruling, stating, "It is difficult to recognize the intent to trade drugs."

The court ruled, "The defendant was requested by the police through an interpreter to secure evidence of drug transactions, and even reported this plan to the interpreter just before purchasing the drugs," adding, "The defendant likely perceived that he was purchasing under specific delegation and instructions from the investigative agency."

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