In a drug use case, including voluntary surrender for drugs, what are the grounds on which a sentence can be mitigated and the grounds for receiving aggravated punishment?

Yes, besides voluntary surrender for drugs, there are factors that can be mitigated.

If you are involved in a drug crime, it is important to first accurately grasp the current situation and to examine the applicable grounds for mitigation and grounds for aggravated punishment together.

In the case of drug use or simple possession, the grounds on which a sentence can be mitigated, including voluntary surrender for drugs, are as follows.

Mitigating factors

▶ Where there are circumstances worthy of consideration in the motive or situation that led to participation in the offense
▶ Where the offense was committed with dolus eventualis, that is, without clearly recognizing it
▶ Where a voluntary surrender for drugs was made
▶ Where the person actively cooperated with the investigation
▶ Where the person participated passively
▶ Where the person was in a state of mental and physical weakness
▶ Where the person is a drug addict with a clear will to undergo addiction treatment
▶ Where the person is a first-time offender with no history of criminal punishment

On the other hand, if the following grounds exist, the sentence may become heavier.

Aggravating factors

▶ Where the motive for the offense is a socially reprehensible reason
▶ Where the person directed or induced another to commit the offense
▶ Where the quantity or amount of drugs handled is very large
▶ Where the person habitually used or sold drugs
▶ Where the person has a history of the same crime in the past
▶ Where the person destroyed evidence or attempted to flee after the offense

Because these factors are aspects that can directly affect the court's sentencing determination, the outcome may vary depending on the specific circumstances of the actual case.

We recommend that you confirm accurate legal advice or the direction of response through a consultation with a criminal attorney.