대학 동아리 마약 투약 학생·의사 ‘공소기각’ 확정…대법 “위법수사”

A recent decision by the Supreme Court of Korea has confirmed the dismissal of charges against a university student and a doctor who were accused of drug use while affiliated with a college fraternal organization. The case stemmed from the distribution of drugs within the fraternity, with the student and doctor accused of using substances provided by the fraternity president.

Initially, the police charged the student and doctor with drug-related offenses, but the court deemed the investigation as unlawful. The Supreme Court's 1st Division (chaired by Chief Justice Choi Dae-yeop) upheld the lower court's decision to dismiss the charges. The court stated that the investigation process was found to be unlawful due to the failure to establish a direct connection between the patient and the crime.

The accused, identified as 'Bae' and 'Lee', were part of a university-wide fraternal organization event in 2023. Over 200 students from universities including Seoul National University, Yonsei University, and Korea University were involved in this incident. The fraternal organization's president was sentenced to one and a half years in prison in June 2023, while the student and doctor received sentences of two and a half years and one year, respectively, with the possibility of suspension.

However, the appellate court dismissed the charges against both individuals, citing the unlawful nature of the investigation. The Supreme Court reviewed the case and affirmed the dismissal, stating that the lower court erred in interpreting the law regarding the scope of investigation by a prosecutor.