Yoo Ah-in Refutes ‘First-Time Drug Offender Imprisonment’ Ruling, Seeks Suspended Sentence in Upcoming Second Trial

On the afternoon of the 3rd, Yoo Ah-in was sentenced to one year in prison for violating the Narcotics Control Act (psychotropic drugs) at the Seoul Central District Court. He was found guilty of multiple charges, including habitual marijuana use, drug abuse, and procuring medical drugs under another person’s name.

On the 4th, the prosecution filed an appeal, seeking a more severe sentence. They contended that Yoo Ah-in’s crimes, which included the repeated purchase and use of various drugs such as marijuana, propofol, and zolpidem, were grave. They also noted his attempts to obstruct justice by tampering with evidence and argued that the one-year sentence was significantly lighter than the four years they had requested.

On the 5th, Yoo Ah-in’s legal team also filed an appeal, contesting the verdict from the first trial.

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

During sentencing, the court addressed the primary issues that led to his conviction. “The defendant and his legal counsel argued that since he obtained medical drugs with a prescription, he should not be punished under the Narcotics Control Act’s exceptions. However, the court determined that these instances do not fit under those exceptions. Under medical law, prescriptions must be issued directly to the patient, and purchases must be made in the patient’s name. Therefore, all habitual drug purchases were deemed guilty.”

Yoo Ah-in was, however, acquitted of charges related to marijuana possession, instigating marijuana smoking, and evidence tampering. The court remarked that it was challenging to conclude that his act of handing marijuana to a YouTuber in Los Angeles constituted possession or instigation. The evidence indicated that the YouTuber smoked the marijuana voluntarily after the defendant’s suggestion, and the prosecution failed to establish the charges adequately.

On the matter of evidence tampering, the court stated, “While there is suspicion that the defendant attempted to destroy evidence, it is difficult to ascertain the contents of the deleted text messages, complicating the proof of related charges. A conviction cannot rest on mere suspicion.”

The court found Yoo Ah-in guilty specifically of habitual drug use, noting, “The defendant was guilty of habitual use of propofol and other drugs on 181 occasions at 14 hospitals for approximately three years and of acquiring more than 1,000 medical drugs, including Stilnox, under another person’s name in a similar timeframe.”

Regarding the sentencing rationale, the court stated, “Propofol and other medical narcotics are subject to strict regulation due to their addictive properties. The defendant exploited legal loopholes to commit his offenses, which heightens their severity. Additionally, given the circumstances, the defendant appears to have a significant dependence on psychotropic drugs, indicating a high risk of reoffending. The court also noted that despite receiving repeated warnings regarding the dangers of excessive propofol use, the defendant continued his illegal actions.”

The court did recognize mitigating factors, mentioning, “The defendant has long suffered from insomnia and depression, with his inability to sleep seemingly driving his actions, which is somewhat understandable. His openness about his drug dependence and efforts to overcome it were also noted. Moreover, he has no prior offenses or significant criminal history.”

During his initial trial in December 2023, Yoo Ah-in only confessed to smoking marijuana, denying allegations of instigating marijuana use, evidence tampering, and other drug-related violations. He characterized claims regarding his use of drugs other than propofol as exaggerated.

Source: daum