Appeals court acquits man who bought drugs to help police

By Bahk Eun-ji

An appellate court has acquitted a man of buying narcotics for the purpose of collecting evidence to report drug trade to the police.

The Seoul High Court said, Friday, it overturned a lower court ruling that had sentenced the Korean Kazakhstani, 40, to two and a half years in prison suspended for three years for violating the Act on the Control of Narcotics.

The man was indicted in March 2019 on charges of buying a new type of drug, a synthetic cannabinoid known as “spice,” in October 2018.

Korea Times file

The man, who hardly spoke Korean, reported to the police, through an interpreter, that foreigners were selling and buying drugs near his residence. But the police, through the interpreter, asked him to secure evidence such as photos of criminal activity, saying they could not launch an investigation with the verbal report only.

He messaged the interpreter to say he would try to buy drugs as evidence if this would make the police take action.

A few hours later, he bought the drug, took a photo of it, sent the photo to the police, and flushed the drug down a toilet to dispose of it.

Police arrested eight men involved in the drug trade thanks to his cooperation, but he was later put on trial for purchasing the drug.

The Incheon District Court found him guilty, saying, “Even if it was for the purpose of collecting evidence, his act constituted illegal drug purchase as he bought it without being instructed or requested by the investigative agency.”

However, the appeals court overturned the ruling by saying it was unlikely that he had the intention to buy the drug for himself.

“He was asked through the interpreter to secure evidence of drug transactions, and he reported his plan to the interpreter right before the purchase. It is likely that he thought he was buying the drug upon the investigative body's request,” the court ruled.

“If the purchase was made for personal use, there is no reasonable cause for him to report the purchase plan to the interpreter or send the photo to the police.”

The court added that he also tested negative for drug use in urine and hair tests.