Drug 'Value Standard' Enhanced Punishment... Constitutional Court "Constitutional"

[Image source=Yonhap News]

[Asia Economy Reporter Baek Kyunghwan] The Constitutional Court has ruled that the current law, which imposes aggravated punishment based on the value of drugs possessed, does not violate the Constitution.

On the 7th, the Constitutional Court delivered a unanimous decision upholding the constitutionality in a constitutional review case filed by Mr. A regarding Article 11, Paragraph 2 of the Act on the Aggravated Punishment of Specific Crimes.

In April 2018, Mr. A was sentenced to six years in prison in the first trial for possessing methamphetamine worth about 14 million won based on its value, under Article 11, Paragraph 2, Subparagraph 2 of the Act on the Aggravated Punishment of Specific Crimes, and upon appeal, he was sentenced to four years in prison. Article 11, Paragraph 2, Subparagraph 2 of the Act stipulates that "if the value of drugs and psychotropic substances possessed, owned, cultivated, used, imported/exported, or manufactured is 5 million won or more but less than 50 million won, the offender shall be punished by life imprisonment or imprisonment for not less than three years."

However, Mr. A filed a constitutional review after his request for a constitutional review of the law was dismissed following his appeal.

The Constitutional Court stated, "The higher the value of drugs, the more severe the harm caused to the state and society," and judged that "aggravated punishment based on price is acceptable." It particularly pointed out that even simple possession, not for the purpose of sale, is recognized as illegal due to the potential for widespread distribution of drugs.

This content was produced with the assistance of AI translation services.