Actor Yoo Ah-in (real name Eom Hong-sik, 39) was released in the appeals court. Despite having used drugs 181 times, he was incarcerated for 5 months, reflecting on his actions and pledging not to reoffend.
On the afternoon of the 18th at 2:20 PM, the Seoul High Court's Criminal Division 5 (Presiding Judge Kwon Soon-hyung, An Seung-hoon, and Shim Seung-woo) held a sentencing hearing for Yoo Ah-in and his accomplice, Choi Mo, who were indicted for violating the Narcotics Control Act.
On this day, Yoo Ah-in appeared in court wearing a blue prison uniform. His hair, which was short during the first trial, had become even shorter, and he appeared with a buzz cut, drawing attention. After entering, Yoo Ah-in bowed his head several times towards the court and listened to the verdict with a stern expression. After receiving a suspended sentence, he bowed again before leaving the courtroom.
The court sentenced Yoo Ah-in to 1 year in prison, with a 2-year suspended sentence. Additionally, he was ordered to pay a fine of 2 million won, complete 80 hours of community service, undergo 40 hours of drug rehabilitation education, and pay a forfeiture of 1,548,710 won. This sentence is less than the 4 years the prosecution had sought.
Yoo Ah-in was previously sentenced to 1 year in prison, a fine of 2 million won, 80 hours of drug rehabilitation education, and a forfeiture of 1.54 million won during the first trial on September 3 of last year, and was taken into custody due to concerns of flight.
Both sides appealed on grounds of legal misunderstanding, factual misinterpretation, and inappropriate sentencing. The prosecution focused on proving the charges of marijuana possession and teaching marijuana use, which were found not guilty in the first trial. They claimed that Yoo Ah-in had given marijuana to YouTuber Hairmon (real name Kim Woo-jun) and had encouraged him to smoke again. However, the court stated, “There is no evidence that Yoo Ah-in threatened Hairmon with disadvantages if he did not smoke (the marijuana), nor does such a situation appear. It seems that Hairmon had the choice. Even if he suggested or encouraged smoking, that alone cannot be considered as teaching.” They concluded that it could not be ruled out that Hairmon might have smoked to fit in with others.
Regarding the prosecution's claim of evidence destruction, the court stated, “It cannot be accepted as it has not been proven beyond a reasonable doubt.”
The court also rejected Yoo Ah-in's claim of legal misunderstanding regarding violations of medical laws, stating, “The original judgment is justified.” However, they accepted the argument regarding inappropriate sentencing from Yoo Ah-in's side.
The court explained, “Yoo Ah-in suffers from sleep disorders and depression, and committed crimes due to the pain of not being able to sleep properly. He seems to have overcome a significant part of his dependency and has pledged not to reoffend. He has had sufficient time to reflect during his 5 months of incarceration, has no prior convictions for similar offenses, has never received a punishment greater than a fine, and considering his profession, family relations, motives, circumstances, and results, the original sentence is deemed excessively harsh and inappropriate.”
Regarding accomplice Choi, the court criticized him for repeatedly smoking marijuana with acquaintances and disregarding the law, but noted, “The number of times (he smoked marijuana) is relatively low at 3, and it is difficult to find dependency. Considering that he has pledged to quit, the sentence was determined.” They then sentenced him to 8 months in prison with a 2-year suspended sentence and ordered him to complete 40 hours of drug rehabilitation education.
If either side wishes to appeal the decision, they can file a petition within 7 days from the date of the ruling. If an appeal is made, it will be reviewed by the Supreme Court.
Yoo Ah-in is accused of using four types of medical narcotics, including propofol, midazolam, ketamine, and remimazolam, 181 times from September 2020 to March last year, and illegally obtaining over 1,100 sleeping pills through 44 illegal prescriptions under another person's name from May 2021 to August last year. Additionally, he is accused of smoking marijuana in the U.S. with accomplices, including his acquaintance Choi, and teaching Hairmon to smoke, who witnessed the act. Hairmon was fined 5 million won last October.
Meanwhile, the release of the movie ‘Victory,’ which was indefinitely postponed due to Yoo Ah-in's drug charges, is set for March 26. Furthermore, discussions about the release of the movie ‘High Five,’ starring Yoo Ah-in, have also resumed.
[Kim So-yeon, Star Today Reporter]
