First Drug Offense: Suspended Indictment

Key Points

A suspended indictment (a decision not to prosecute even though the offense is recognized) is a decision by the prosecutor, after weighing various circumstances, not to bring the case to trial. It is not recorded as a criminal conviction.
In simple drug use cases, there is a practice of deferring indictment on the condition of completing treatment or education.
This decision is mainly considered when the person is a first-time offender, involved only in simple use or possession of a small amount, not involved in dealing, and willing to receive treatment.
DAEON Law Firm has obtained a suspended indictment in a case involving violation of the Narcotics Control Act (psychotropic substances).

1. Cases that may be considered

First-time simple use, or possession of a small amount for personal use
No involvement in distribution such as selling or brokering
A small number of uses over a short period
A clear intention to receive treatment or education, and treatment already begun
Family members or others who can support and supervise

On the other hand, a suspended indictment is hard to expect in cases involving sale or smuggling, minors, prior convictions for the same type of offense, or large quantities.

2. Records to gather from the early stage of the investigation

Psychiatric diagnosis and medical records · Show the assessed degree of dependence and the course of treatment.
Assessment and treatment records from a designated treatment and protection institution · Evidence that you have entered the official treatment system (Article 40 of the same Act).
Records of completed rehabilitation counseling and education · Show efforts to prevent reoffending.
A pledge to stay drug-free and regular test results · Objectively confirm that you have stopped using.
Family petitions and a supervision plan · Show support and a management system around you.
Certificate of employment and school records · Explain your social ties and the side effects punishment would cause.

3. After a suspended indictment

This decision does not appear in criminal record data, but it remains in investigation record data for a certain period. If you fail to complete the promised treatment or education, or use drugs again, you may be indicted again and punished much more severely in the next case.

Frequently Asked Questions

Will a suspended indictment give me a criminal record?

Because a court has not pronounced you guilty, it is not recorded as a criminal conviction. However, your name remains in investigation record data for a certain period.

Is a suspended indictment possible for first-time cannabis use?

If you are a first-time offender who only smoked and had nothing to do with buying or selling, there is room for it. The key is to prepare treatment and education records from the early stage of the investigation.

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Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026

If it is your first drug offense, can the case end with a suspended indictment?