CONTENTS
- 1. Uijeongbu Attorney Specializing in Narcotics | The Client Who Requested Assistance
- 2. Uijeongbu Attorney Specializing in Narcotics | The Facts of the Client's Offense
- - The Statutes Applied to the Client
- 3. Uijeongbu Attorney Specializing in Narcotics | The Client's Defense
- - Narcotics Attorney | The Attempted Rape Was Not Premeditated
- - Narcotics Attorney | The Psychotropic Drugs Were Not Possessed in a Premeditated Manner
- - Narcotics Attorney | The Client Confessed to the Offense and Showed Remorse
- 4. Uijeongbu Attorney Specializing in Narcotics | Successfully Avoiding Imprisonment with Labor for the Client
1. Uijeongbu Attorney Specializing in Narcotics | The Client Who Requested Assistance
The client who came to the Uijeongbu attorney specializing in narcotics cases requested assistance, stating that he was facing the risk of imprisonment with labor as he was under suspicion of a Violation of the Narcotics Control Act and attempted rape.
2. Uijeongbu Attorney Specializing in Narcotics | The Facts of the Client's Offense
The client of the Uijeongbu attorney specializing in narcotics cases was at risk of punishment for the following facts of the crime.
The client had ordinarily been suffering from depression, and while he was in possession of psychotropic drugs that had been prescribed for his depression, he resolved to put them into the victim's drink without her knowledge, cause the victim to lose consciousness, and then rape her.
While the client was drinking with the victim, he put the drug into the victim's glass while she went to the restroom, and the victim, upon returning, drank it and became drowsy, unable to move her body at will.
Thereafter, the client engaged in highly explicit physical contact with the victim and attempted to rape her, but when the victim, having regained consciousness, pushed the client away and refused, it ended in attempted rape.
In addition, since a person who is not a narcotics handler must not use psychotropic drugs, the client, by having the victim drink the psychotropic drugs that had been prescribed for the treatment of his depression, committed a Violation of the Narcotics Control Act.
The Statutes Applied to the Client
The client of the narcotics attorney could be punished under the following statutes.
Narcotics Control Act Article 61 (Penal Provisions)
(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment with labor for not more than 5 years or a fine not exceeding 50 million won.
5. Article 4 (1), a person who, in violation thereof, sells, arranges the sale of, receives, possesses, owns, uses, manages, dispenses, administers, or provides a psychotropic drug falling under 🔗Article 2 (3) (d) or a psychotropic drug containing such substance, or who issues a prescription stating a psychotropic drug
Criminal Act Article 297 (🔗Rape)
A person who rapes another through violence or intimidation shall be punished by imprisonment for a definite term of not less than 3 years.
Article 300 (Attempts)
Article 297, Article 297-2, Article 298 and Article 299 shall be punished.
3. Uijeongbu Attorney Specializing in Narcotics | The Client's Defense
The Uijeongbu attorney specializing in narcotics cases proceeded with the defense in order to prevent the client's imprisonment with labor.
Narcotics Attorney | The Attempted Rape Was Not Premeditated
The client of the narcotics attorney stated that, while intoxicated, when he was left alone with the victim in a room, he impulsively had the thought of wanting to touch the victim.
Although he subsequently attempted sexual intercourse, it was not planned from the outset nor was it commenced intentionally.
When the victim pushed the client away, he did not proceed any further and supported the victim's body to send her home.
A person who had resolved to commit a crime would rather have exercised additional physical force to overpower the victim, yet the client did not proceed any further and voluntarily ceased his conduct.
Narcotics Attorney | The Psychotropic Drugs Were Not Possessed in a Premeditated Manner
The client of the narcotics attorney had insomnia and depression caused by stress, and from that time he had been prescribed and used psychotropic drugs.
Since he had always carried psychotropic drugs in his possession, it is clear that he did not possess them in a planned manner for the present offense.
Narcotics Attorney | The Client Confessed to the Offense and Showed Remorse
The client of the narcotics attorney acknowledged all of the offenses and was reflecting on them.
The client had no criminal record of any kind before this case, so it can be said that there is no likelihood of reoffending.
4. Uijeongbu Attorney Specializing in Narcotics | Successfully Avoiding Imprisonment with Labor for the Client
The court, having heard the Uijeongbu attorney specializing in narcotics cases, rendered a suspended sentence on the client.
A Violation of the Narcotics Control Act can have a significant adverse effect on society and is therefore punished severely, and in addition, since the client had also committed the crime of attempted rape, imprisonment with labor appeared unavoidable.
However, this was a result obtained through the collaboration of the Narcotics Response Group and the Sex Crimes Response Group of Daeryun Law Firm.
If you are at risk of punishment in a situation similar to that of the client, you should respond promptly. If you need a Uijeongbu attorney, please entrust your case to Daeryun Law Firm.
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