A 40-year-old who was handed over to trial for the purpose of collecting evidence to report a drug crime to the police was found not guilty at an appeal.
According to the legal community, the 5th Criminal Justice Department of the Seoul High Court (Judge Yoon Kang-yeol, Deputy Judge Park Jae-young and Kim Sang-cheol) was sentenced to two years and six months in prison and three years of probation on a Kazakh Korean Korean-American A (40, male) accused of violating the Narcotics Control Act. He broke the sentence that was sentenced and found him innocent.
Mr. A was prosecuted in March 2019 on charges of buying a new drug called'Spice' in October 2018.
Mr. A, who speaks little Korean, reported to the police that foreigners were dealing with drugs in the vicinity of the residence, and then told the interpreter the words of the police officer in charge, saying,'Since the report cannot be investigated clearly, please obtain evidence such as photographs if possible.' He listened and started to secure evidence.
Mr. A sent a message to the interpreter, asking, ``Is it possible to bring me drugs as evidence?'' and ``If possible, I will infiltrate and buy drugs.'' After a few hours, I bought a spice, took a picture, sent it to the policeman, and put it in the toilet. Discarded.
Thanks to Mr. A's information and cooperation in the investigation, the police arrested eight criminals who traded drugs.
However, after that, Mr. A was also handed over to trial for dealing with drugs.
The Incheon District Court, which is a court of first instance, judged guilty, saying, "Even if it was for the purpose of collecting evidence, the crime is recognized as long as it is sold without receiving instructions or commission from an investigative agency."
However, the court of appeals court overturned the ruling of the first trial, saying, "It is difficult to say that the intention to buy and sell drugs is recognized."
The court explained that "the defendant was not only requested to secure evidence of narcotics trade through an interpreter, but also reported to the interpreter right before the purchase of spice," and said, "I would have recognized that the purchase was under the specific mandate and instructions of the investigative agency."
The court also added, "No drug substance was detected in the defendant's urine and hair," and added, "If the purchase was made for personal purposes, there is no reasonable reason to report the purchase plan to an interpreter or take a picture and transmit it to the police officer."