Key Points
- In deciding the sentence, the court focuses on the number of uses, period and quantity, whether you were involved in distribution, prior convictions for the same type of offense, and your conduct after the offense.
- Among favorable materials, the most weight is given to objective records showing that you have begun treatment and are continuing it.
- Voluntary surrender can reduce the sentence (Article 52 of the Criminal Act), and cooperation that helped arrest other offenders can also be considered favorably.
- Letters of apology and petitions gain strength only when they specifically describe actual changes and future plans.
1. Factors that increase and reduce the sentence
The more times you used and the longer the period, the more you were involved in distribution such as selling, brokering or smuggling, and if you have prior convictions for the same type of offense or reoffended during a suspended sentence (officially “suspension of execution of sentence”), the worse it is. The same applies to encouraging others or handing drugs to them, trying to destroy evidence, or reversing your statements.
Conversely, a single use or use over a short period, a small amount for personal use, a first offense, voluntary surrender or cooperation with the investigation, and participation in treatment and rehabilitation while staying drug-free work in your favor.
2. Materials to prepare
- Treatment recordsGather diagnoses, records from treatment and protection institutions and hospitals, and negative results of periodic tests in chronological order.
- Rehabilitation activitiesSubmit documents confirming attendance at counseling, education and drug-free support groups.
- Changing your environmentShow evidence that you have removed the conditions for reoffending, such as cutting off contact with people you used with, changing your phone number, or moving.
- Family and workPrepare a family supervision plan, a certificate of employment, and petitions showing that you are rooted in the community.
- Letter of apologyDescribe specifically how you came to use drugs, what has changed so far, and your plans going forward.
3. Voluntary surrender and cooperation with the investigation
If you report yourself before investigators learn of the offense, it counts as voluntary surrender, and the sentence may be reduced or remitted (Article 52(1) of the Criminal Act). Even if an investigation is already under way, helping to arrest a supplier can be used in your favor at sentencing. However, false tips harm others and hurt you as well, so say only what you are certain of.
Frequently Asked Questions
How many letters of apology should I submit?
If I surrender voluntarily, can I avoid punishment?
Related Guides
Repeat Drug Offenses and Habitual Use
Drug crimes are known for high reoffending rates, so the c…
Read more →Case TypeMethamphetamine Use and Possession
Meth cases usually start from urine and hair analysis resu…
Read more →Case TypeDrug Sale, Brokering and Dead Drops
In distribution cases, sellers, couriers known as "dropper…
Read more →Case TypeDrug Smuggling, Overseas Orders and International Mail
Bringing controlled drugs into Korea from abroad carries t…
Read more →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
Call
KakaoTalk
E-mail