The denial of the arrest warrant for actor Yoo Ah-in (real name Eom Hong-sik), who is accused of drug use, is causing a disconnect with the public’s sense of justice. In particular, fairness issues have arisen as he is compared to Don Spike (real name Kim Min-su), who was arrested and detained two days after his capture. Experts point out that, given the nature of drug crimes, the swift detention of drug offenders is necessary.
Actor Yoo Ah-in, who is suspected of drug use, is leaving the Mapo Police Station in Seoul after his arrest warrant was dismissed on the 24th.
According to the legal community on the 26th, Lee Min-su, the judge in charge of warrants at the Seoul Central District Court, dismissed Yoo’s warrant on the 24th, citing reasons such as ▲a substantial amount of evidence already secured ▲Yoo’s considerable acknowledgment of the basic facts ▲his remorse regarding marijuana smoking ▲the need to guarantee his right to defense due to some dispute over cocaine use ▲his stable residence and lack of prior similar offenses.
Civilians expressed difficulty understanding the decision, questioning whether Yoo committed a more serious crime than Don Spike. Don Spike, who was arrested as a suspect last year and detained within two days, was accused of using methamphetamine 14 times, whereas Yoo, who avoided detention, is accused of using five types of drugs over 70 times.
Office worker Kim (33, male) said, "I know Yoo used more types of drugs and more frequently than Don Spike, so I don’t understand why he wasn’t detained. It makes me suspicious that detention depends on money and social influence."
Job seeker Kim (29, male) also said, "It feels like a long time since I first heard about Yoo Ah-in’s drug case, but I didn’t know he was still freely moving around. Drugs are highly addictive, and no one knows what might have happened during that time."
On the front lines, it was seen that prior similar offenses and whether the suspect was caught in the act influenced detention decisions. Non-custodial investigation is the principle. Even if criminal charges are recognized, detention is not automatic. For detention, there must be reasons such as risk of evidence tampering, flight, reoffending, or lack of a fixed residence.
A police chief at a drug investigation unit explained, "It is true that drugs are highly addictive and there is a high risk of reoffending, but unless there is a prior similar offense, it is difficult to detain someone solely for drug use. Don Spike’s prior similar offenses were likely taken into account."
There was also analysis that being caught in the act influenced the decision. A drug investigator said, "Don Spike was arrested in the act, so it was easier to detain him. When someone is caught in the act, there is less room for dispute."
Because of this, there are calls to expand detention for drug offenders considering the special nature of drug crimes. Jeon Kyung-soo, president of the Korean Society of Drug Crime Studies, said, "Drugs are highly addictive and require rapid treatment, but under current law, detention is difficult based solely on drug use. It is necessary to seek a direction that prevents additional drug use through swift detention while combining treatment and management."
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