Why was the Warrant Rejected Despite Actor Yoo Ah-in's Attempted Destruction of Evidence in His Drug Case?
Despite allegations of habitual use of various types of drugs, actor Yoo Ah-in (37, real name Uhm Hong-sik) avoided the 'humiliation' of being investigated under detention. Despite various attempts by Yoo to interfere with the investigation, such as changing his testimony and attempting to destroy evidence, the court rejected Yoo's arrest warrant. The reason for this begs exploration.
The presiding judge, Lee Min-soo of the Seoul Central District Court, who rejected the arrest warrants of Yoo and his accomplice, Mr. Choi, explained the rejection by stating, "It's hard to conclude that the defendant would destroy evidence or flee beyond the scope of exercising the right to defense."
He further added, "A significant amount of evidence related to the crime has already been secured, and the suspect has admitted to a significant part of the basic facts themselves. There's some dispute over the use of cocaine, so there is a need to guarantee the right to defense."
Yoo Ah-in, who 'admitted to most of the charges' unlike during the police investigation, avoided arrest
Typically, in cases of drug crimes, if it's 'simple use' and a 'first offense', the suspect is often investigated without detention. Especially for celebrities, who usually have stable residences and lower chances of fleeing.
An exceptional case where someone was detained despite being a first offense and simple use involves Park Yoo-chun, a singer and actor from JYJ. Park was issued an arrest warrant when he continued to deny the charges, even after the component of Philopon was detected in his body hair, and attempted to destroy evidence such as complete body hair removal.
Yoo has also been investigated for taking various drugs through medical records, simple urine drug tests, and detailed hair tests from the National Forensic Service. However, it was reported that he denied taking any other drugs except for marijuana, the timing and fact of use of which had been specified.
However, Yoo admitted to "most of the allegations" in front of the press before the warrant substantive examination, and the reason for the warrant rejection included 'he has admitted a significant part of the facts themselves.' For instance, Yoo's statement in court during the warrant examination was reportedly different from his previous claim in the police investigation of 'smoking marijuana alone' to 'smoking marijuana with others.'
Considering these factors, it is analyzed that Yoo's admission of other drug charges, excluding cocaine, in court had a significant impact on this non-detention decision.
"Seems like a warrant was applied without sufficient additional evidence, unlike Park Yoo-chun"
However, it has been pointed out that the rejection of the arrest warrant in a situation where Yoo is still denying the key charge of cocaine use could complicate future investigations.
Despite the detection of cocaine in the detailed hair test from the National Forensic Service, Yoo is denying the use of cocaine, seemingly considering that it's difficult to prove guilt only with the test results.
One attorney from Seocho-dong, who requested anonymity, pointed out, "In Park Yoo-chun's case, he denied 'how Philopon got into his body' even though it was detected in the hair test, and only changed his statement to 'it was a lie' after being arrested. Unlike Park, who had secured evidence such as CCTV footage of purchasing Philopon, looking at the rejection of Yoo's warrant, it seems the police applied for an arrest warrant without sufficiently securing such additional evidence."
Regarding this, Chief Judge Kim mentioned in the reason for the warrant rejection, "There's some dispute over the use of cocaine," indicating a decision that seems to weigh more on Yoo's right to defense.
After the rejection of the warrant, Yoo, coming out of the detention center at Mapo Police Station in Seoul, looked somewhat relaxed and evaded the question about the cocaine charges by saying, "It's difficult to talk about that fact through the media."
Police discover traces of drugs at Yoo Ah-in's hidden residence... deemed an attempt to destroy evidence
On the other hand, the reason why the police applied for an arrest warrant, despite Yoo being a first-time offender and simple drug user, was due to Yoo's attempt to destroy evidence.
Before the police's seizure and search, Yoo claimed that his residence was a house in Itaewon-dong, Yongsan-gu, Seoul, which had appeared on 'I Live Alone'.
However, the police identified Yoo's actual residence located in Hannam-dong, Yongsan-gu, Seoul, through a different route and searched both places. The police, who found traces of Yoo's drug use not in the Itaewon house he mentioned but in the actual residence in Hannam-dong, judged that Yoo gave a false statement to destroy evidence.
In the future, the police plan to review the reason for the warrant rejection and decide on whether to reapply.
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