The prosecutor's office has once again demanded a five-year prison term for composer Don Spike (real name Kim Min-soo) in the appeal trial, the same sentence as the initial trial.

On May 18, the third criminal division of the Seoul High Court (Chief Judge Lee Chang-hyung) conducted the second public hearing on the appeal trial of Don Spike, who was charged with violating the Aggravated Punishment Act (drug use).

The prosecution highlighted the severity of his actions, stating, "He administered drugs 30 times until his arrest and possessed drugs that could be used over 3000 times," emphasizing the impact his celebrity status could have on the public. They further mentioned, "The nature of the crime is egregious as he used another person to buy drugs to conceal his identity."

Moreover, the prosecution criticized, "Although the defendant claims to reflect on his actions, he has not shown a sincere attitude of remorse, such as attempting to hide his assets despite knowing that his crime has harmed others," and "His post-offense attitude is poor, and there is a high risk of recidivism." Therefore, they demanded a five-year imprisonment sentence.

In response, Don Spike's defense attorney emphasized that "he confessed immediately after arrest and actively cooperated with the investigation," and that "although he stirred up controversy as a public figure, he is determined to become a case of successful recovery and return to society." He added, "He has committed to living a life of service to society with whatever small talents he has," as he pleaded for leniency.

In his final statement, Don Spike also admitted, "I have caused great pain and disappointment not only to myself but also to my family, friends, and many who have supported me." He added, "There is no excuse for my mistakes, and I sincerely reflect on how my actions have had significant impact. I will recover from addiction, avoid re-offending, and be an example to society. I sincerely apologize," as he bowed his head in regret.

Don Spike is accused of buying and using drugs worth about 45 million won in a hotel and party room in the Gangnam area 14 times from late 2021 to September last year. His past record of paying a 5 million won fine for suspicion of smoking marijuana in 2010 and receiving a two-year probation sentence on a separate drug-related charge in October of the same year shocked many.

In the initial trial held in January, the court sentenced Don Spike to three years in prison with a five-year probation. The prosecution appealed, citing unfair sentencing.

In the first public hearing of the appeal, the prosecution contradicted Don Spike's remorseful attitude, which was the reason for the sentencing in the first trial, by claiming that "Don Spike was planning to conduct business with hidden funds," and submitted evidence such as recorded visits at the time of admission.

In response, Don Spike's team submitted an opinion on the additional evidence provided by the prosecution, and rebutted it. Regarding the circumstance that Don Spike was attempting to conceal assets, they submitted a letter of reflection, saying, "Emotional reactions led the way."

Meanwhile, the sentencing hearing for Don Spike's appeal trial will be held on June 15.

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