"Punishment Possible for Believing and Collecting 'Drug-Containing' Parcel Even Without Actual Drugs"... Supreme Court's First Ruling

Even an "Empty International Parcel"
Belief That It Contains Drugs Is Punishable
First Interpretation of Article 9-2 of the Special Narcotics Act
No Restriction on Form or Nature of Items
No Difference in Risk Due to Concealed Distribution in Boxes

The Supreme Court has ruled for the first time that even if there are no actual drugs inside an international parcel, a person acting as a courier who collects and possesses the package believing it contains drugs can still be punished. The court stated that the risk of the crime and the need for punishment remain the same, even if the physical drugs do not exist.

According to the legal community on November 25, the Supreme Court’s Third Division (Presiding Justice Lee Sukyeon) upheld the lower court’s sentence of three years in prison for a courier charged with violating the Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, and dismissed the appeal.

The defendant was brought to trial on charges of collecting an international parcel box (which contained only toys and was actually empty) in Ansan in July 2024, believing it to be a "box containing drugs" under the instructions of a drug dealer. The parcel had already been cleared of drugs at the customs stage. Nevertheless, the defendant, under the mistaken belief that drugs were inside, collected the box as instructed.

The key issue was whether the phrase "recognizing a substance or other item as a narcotic" in Article 9, Paragraph 2 of the Special Act also applies when actual drugs are not present.

The Supreme Court stated, "The wording of the law does not restrict the form or nature of 'other items,'" and

added, "It is reasonable to interpret that if a person recognizes any item as containing narcotics, it constitutes a violation of the relevant provision."

The court further explained, "Drug crimes are typically committed by concealing narcotics inside boxes or packaging, and whether or not actual drugs are present inside the box, the risk of the crime and the need for punishment are the same." The ruling continued, "Even if there are no drugs, cases where a person 'believes there are drugs' and transfers, receives, or possesses the item are also subject to punishment." This decision marks the Supreme Court's first interpretation of this provision, and it is expected that the same standard will apply in future cases involving "drugless drug crimes."

Both the first and second instance courts sentenced the defendant to three years in prison, stating, "Even if the box contained only toys, if the defendant recognized it as a narcotic, the elements of the crime are met." The Supreme Court reached the same conclusion.

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