Composer Don Spike (46, real name Kim Min-soo), who is on trial for drug use, is once again at risk of arrest. This is because in the second trial, the prosecution requested the same 5 years in prison as in the first trial and raised their voices saying that the punishment in the first trial, which was a suspended sentence, was too weak. As social awareness of drugs has increased as a series of drug cases in the entertainment industry have recently occurred, the prospect that the second trial court may reflect this is being cautiously raised both within and outside the legal community and the entertainment industry.
◆Weak first trial punishment
The prosecution requested five years in prison for Don Spike at the second trial held on the 18th at the Criminal Division 3 of the Seoul High Court. The trial prosecutor said, “Until he was arrested, the defendant had administered drugs approximately 30 times and possessed an amount sufficient to administer more than 3,000 doses. Even though he was in a position to influence the public, he provided drugs to others and administered them together.” The reason for the sentence was explained.
Previously, Don Spike was arrested and indicted in October last year on charges of purchasing 45 million won worth of Philopon on nine occasions and administering the drug 14 times since the end of 2021. He is also accused of giving methamphetamine and ecstasy to other people seven times and possessing 20 grams worth of methamphetamine. This amounts to approximately 667 doses based on a typical dose of Philopon (0.03g).
Nevertheless, the first trial sentenced Don Spike to three years in prison and five years of probation. The reason why a somewhat weaker sentence was proposed in the first trial is because when sentencing a first-time drug offender to prison, the possibility of deterring repeat offenders is considered. At the time, the court explained the reason for limiting the sentence to probation, saying, "It appears that social bonds have been formed to deter recidivism, with family members and people around him pleading for leniency." However, many pointed out that the level of punishment was too weak considering the fact that he not only used drugs himself, but also involved others in the crime, and his social influence as a celebrity.
For this reason, the forecast within and outside the legal community is that the possibility of a prison sentence in the second trial is not low. A lawyer from a large law firm who used to be a prosecutor said, “Don Spike would have focused on emphasizing an attitude of remorse to receive a favorable sentencing rather than considering whether he was not guilty in the second trial,” and added, “Recently, the drug use of celebrities such as Yoo Ah-in has become more serious. “Considering that social concerns about drugs have increased, the possibility of court arrest seems quite high,” he explained. The second sentencing date for Don Spike is the 15th of next month. Once arrested by the court, Don Spike will be imprisoned in a detention center immediately after the trial is over. In fact, the second trial is the final trial, and considering the time required for the Supreme Court trial, it has the same practical effect as the final trial.
◆Celebrity drug cases that broke out one after another
In the entertainment industry, drug cases have been occurring one after another since Money Spike. On this day, the police announced that they plan to apply for an arrest warrant for Mr. Yoo Ah-in, who is under police investigation for drug use. Mr. Yoo Ah-in completed the second investigation 21 hours after appearing at the police on the 16th. At that time, Mr. Yoo responded to reporters on his way out of the investigation, saying, "I said what I could. I apologize for causing any inconvenience." The police believe that Mr. Yu took five types of narcotics and are checking the details and whether it was illegal.
On this day, the police applied for arrest warrants for singer Nam Tae-hyun (29) and broadcaster Seo Min-jae (30) on drug use charges. Yongsan Police Station in Seoul announced that it had applied for arrest warrants for Nam Tae-hyun and Seo Min-jae on charges of violating the Narcotics Control Act. They are suspected of using methamphetamine together since August of last year.
This case attracted attention because it was a case of virtually 'self-destruction' without being detected by the investigative agency. Last year, Seo Min-jae became controversial when he posted and then deleted posts on his Instagram account, such as ‘Nam Tae-hyun’s Philopon Box’ and ‘There is a used syringe in the cabinet of a Bangga company.’
There has been a steady stream of drug cases in the entertainment industry. The problem is that drugs are addictive, so there is a high possibility of recidivism after punishment. In particular, philopon, which is suspected of being taken by Don Spike, is a highly addictive drug. Yoo Ah-in is also suspected of having taken five different types of drugs, so it is presumed that he was severely addicted.
The general consensus is that severe punishment is necessary considering the repeated celebrity drug cases and the influence they have on teenagers and the younger generation. According to the prosecution, the number of drug offenders last year was 18,395, a 13.9% increase from the previous year. The number of minor drug offenders was 119 in 2018, but it quadrupled in five years to 481 last year.
Reporter Kim Seo-yoon, Ten Asia