Renowned composer and singer Don Spike, 46, whose real name is Kim Min-soo, has appealed to the Supreme Court against his prison sentence.

According to the legal community on June 20, Don Spike submitted an appeal through his lawyer. He is appealing against the sentence in the appellate court, which unlike the first trial, sentenced him to actual prison time.

Interest is now focusing on the final result, to see if Don Spike, who was sentenced to two years in prison and was taken into custody at the court, can avoid actual prison time through the appeal trial.

Don Spike is accused of purchasing drugs worth 45 million won nine times since late 2021, and taking the drug Philopon 14 times. He is also accused of handing over Philopon and ecstasy to others seven times and possession of 20g of Philopon.

In the first trial, the court sentenced Don Spike to three years in prison with a five-year suspension of execution. He was also ordered to serve probation, community service, drug treatment lectures, and pay a fine of approximately 39.85 million won. Don Spike, who was tried while in custody, was released on probation.

The court stated, "Drug-related crimes have high recidivism and high addiction, causing great social harm. Strict measures are necessary. The defendant summoned several people to take Philopon" but also noted that "the defendant actively participated in the investigation and is reflecting on his mistakes."

The prosecution, which had sought a five-year prison sentence, appealed against the first trial verdict. The prosecution stated, "Despite Don Spike's two prior convictions for the same type of drug crime, he reoffended. The amount of Philopon handled is considerable, and the number of offenses is many. Considering that he also made an accomplice receive the drugs or used the accomplice's bank account for transactions to hide his crime, a heavier sentence is needed."

Don Spike previously received a fine of 5 million won for cannabis charges in 2010 and a one-year prison sentence with a two-year suspension for separate drug charges in the same year.

The prosecution also demanded a five-year prison sentence for Don Spike in the appeal trial. The prosecution mentioned "Don Spike's attitude after the crime was poor, and there is a very high risk of recidivism" while pointing out that he made false registration of real estate due to concerns about a civil lawsuit after his arrest and attempted to transfer copyright.

The prosecution also stated, "As a celebrity, the defendant has a great influence on the public and despite needing to show compliance with the law and set an example, he committed crimes such as purchasing, providing, and taking drugs together. There are precedents for the same type of crime, and the risk of reoffending in the future is very high. Long-term social isolation is necessary to break the will to reoffend."

Don Spike apologized, reflecting on his mistakes and vowing not to reoffend.

During the final argument of the appeal trial, Don Spike stated, "I forgot my duty to be a social model and caused great pain and disappointment to my loving family and many supporters. It's my fault and there's no excuse. I deeply feel how big a mistake I've made and I am truly repenting. I will recover from addiction and will not reoffend, becoming a model citizen. I am truly sorry."

However, the second trial court broke the original verdict, which suspended the execution, and sentenced Don Spike to two years in prison. "There is a risk of flight," the court said, taking Don Spike into custody at the court.

The court stated, "Severe punishment is necessary as drug crimes have a negative effect on society as a whole. The quality of the crime is not good considering that the amount of Philopon is 45.6 million won and a total of 3,500 doses can be taken. It is hard to see that the quality of the crime is lighter than that of an accomplice who arranged or abetted this crime by summoning several people to take Philopon. The punishment was considered in terms of fairness."

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