Prosecutors have sought a three-year prison sentence for Kim Bada (55, real name Kim Jeong-nam), a singer formerly of rock band Sinawe, who is on trial on charges of possessing and smoking cannabis.
The first and final hearing in the case was held Wednesday at the Sokcho branch of Chuncheon District Court before Judge Ju Cheol-hyeon. Prosecutors asked the court to sentence Kim to three years in prison, forfeit seized items and impose a fine of 500,000 won ($378).
"Although the defendant has confessed, he reoffended after a prior conviction for the same type of offense," prosecutors said in explaining the sentencing request, adding that he appeared to have used the drug over an extended period.
Kim's side acknowledged the charges and asked the court for leniency.
In closing arguments, his defense attorney said Kim "has been attending anonymous narcotics addiction meetings of his own accord, without a court order or any external compulsion, and is making every effort to cut ties with cannabis completely." The attorney added that Kim had smoked only a small amount of the cannabis he purchased and had never supplied or distributed it to others.
The attorney also said that "prolonged loneliness and anguish lay behind the offense," noting that Kim had lived with guilt and depression over being estranged from his two sons and unable to fulfill his role as a father, and had sought hospital treatment for insomnia, anxiety and depression.
The attorney concluded by urging the court to consider that a custodial sentence would cause serious hardship for Kim's elderly parents, who depend on him. The attorney asked for leniency in light of "his remorse, his mental state, the absence of any intent to distribute, his efforts to break free from cannabis, and his responsibility to support his parents" — so that he might heal within society and rebuild a healthy life.
In his final statement, Kim said he "committed the offense of smoking cannabis through a momentary lapse in judgment" and that he was "deeply and painfully remorseful for the complacent attitude" he had held toward the drug.
He added that he had "pledged and sworn from the bottom of his heart never to touch illegal cannabis again," and said attending narcotics addiction meetings, where he witnessed firsthand how drugs had destroyed people's lives, had made him realize anew the dangers of drugs.
"I have also come to realize that cannabis not only ruins my body and mind, but causes great pain to the people I love," Kim said, appealing for leniency. "The sight of those who suffered because of me weighed on me more heavily than my 30 years in music."
He closed by saying he would "dedicate himself solely to music with a strong sense of law-abiding spirit, healthy thinking and responsible conduct," and earnestly asked the court to consider his "desperate remorse and resolve" and give him a chance to live right.
Kim was arrested by police at around 8:30 p.m. on March 8 at a residence in Sokcho on suspicion of possessing and smoking cannabis.
Police had obtained intelligence on the case and conducted a roughly two-month investigation before securing an arrest warrant and taking him into custody.
Police applied for a detention warrant, but the court rejected it on March 10, citing insufficient grounds to establish a risk of flight or destruction of evidence. Kim was subsequently referred to prosecutors without being detained and was indicted in July.
On Sept. 28, Kim posted a handwritten letter on his SNS account apologizing for the cannabis controversy and signaling his intention to resume his music career.
"I have spent a great deal of time reflecting and have been deeply remorseful," he wrote at the time. "I believe what I can do is show you slowly — not through words, but through my actions, my life and my music going forward."
The court closed arguments Wednesday and scheduled the sentencing hearing for 2 p.m. on Nov. 25.
min3654@heraldcorp.com
