Background
Our client was indicted for violation of the Narcotics Control Act (psychotropic substances) on the allegation of using a psychotropic drug (so-called methamphetamine). Narcotics offenders are normally given heavy sentences, so the matter was pressing for our client. Changchun defended the indicted client.
The Issue — Is the Alleged Use Proven Beyond a Reasonable Doubt?
In a criminal trial the prosecutor must prove guilt beyond a reasonable doubt, and short of that the defendant is acquitted (Criminal Procedure Act art. 325). In drug use cases, the key is whether the time, place and manner are specified and supported by objective evidence.
How Changchun Helped
Changchun (attorney Jaeyoon Jung) analyzed the evidence submitted by the prosecutor closely and focused the fight on the absence of objective evidence proving the use alleged in the indictment. We made clear that vague circumstance alone cannot establish drug use at a particular time and place.
Outcome
Finding the charge insufficiently proven, the court acquitted our client.
Even in a narcotics case, suspicion that someone "used" is not enough to convict. Testing to the end whether the prosecutor's proof goes beyond a reasonable doubt can set even a grave charge right with an acquittal. (Outcomes may differ depending on the facts of each matter.)