Calculators & Self-ChecksProsecution Request Estimator
Importing or exporting a substance believing it to be drugs: statutory penalty and likely requested sentence
The statutory penalty for Importing or exporting a substance believing it to be drugs and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- 3 years or more in prison for a fixed term
- Legal basis
- Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc., Article 9(1)
- Category
- Drugs · Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc.
Calculate with your own circumstances
Likely handling
Detention considered
- Handling standard
- Detention as a rule
This is a serious crime for which investigation in detention is, as a rule, considered.
Statutory penalty
3 years or more in prison for a fixed term
Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc., Article 9(1)
- Even if it was not actually a drug, bringing it in while believing it to be one is punished. At a formal trial, 2 years or more in prison is requested.
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case and the judgment of the prosecutor in charge. The final sentence is decided by the court.
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Handling standard
- Detention as a rule
This is a serious crime for which investigation in detention is, as a rule, considered.
Notes
- Even if it was not actually a drug, bringing it in while believing it to be one is punished. At a formal trial, 2 years or more in prison is requested.
Frequently asked questions
- Importing or exporting a substance believing it to be drugs: what is the statutory penalty?
- Legal basis: Act on Special Cases Concerning the Prevention of Illegal Trafficking in Narcotics, etc., Article 9(1). Statutory penalty: 3 years or more in prison for a fixed term.
- Importing or exporting a substance believing it to be drugs: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Transferring, acquiring or possessing a substance believing it to be drugs
- Methamphetamine: use, possession or dealing
- Cannabis: smoking, possession or dealing
- Narcotics (cocaine, etc.): use
- Narcotics: possession or giving/receiving; heroin: possession or use
- Narcotics (cocaine, heroin, etc.): import/export, manufacture or dealing
- Methamphetamine and other psychotropic drugs: manufacture or import/export
- Cannabis: import or export
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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