CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Firm
- 2. Statutes on Attempted Murder
- - Gwangju Law Firm Answers Questions on Attempted Murder
- 3. Assistance Provided by the Firm
- - Argument ① The Client's Prompt Response
- - Argument ② A Spur-of-the-Moment Offense
- - Argument ③ Deep Remorse
- 4. The Court's Decision on the Firm's Arguments
- - If You Need the Firm's Help
1. The Client's Situation
The Client held a consultation at Daeryun's Gwangju office, seeking to respond to the case systematically together with the firm and to reduce the sentence for attempted murder as much as possible.
How the Client Came to the Firm
The detailed account of the Client, who held a consultation, is as follows.
The Client had been dissatisfied with the victim, the Client's younger brother, who habitually cursed at and mistreated their parents.
The Client tried to resolve the problem amicably by talking with the younger brother, but the brother's behavior did not change at all.
One day, when the younger brother picked a quarrel with their father and continued to behave abusively, the Client sent the father out of the house to settle the situation.
Afterward, the Client continued to argue with the younger brother and, unable to contain his anger, stabbed the brother once in the abdomen with a paring knife that had been on the dining table.
When the younger brother continued to resist, the Client did not proceed any further, and the offense remained an attempted murder.
The Client came to the firm seeking to reduce the sentence with the assistance of a firm experienced in handling various 🔗murder and attempted murder cases.
2. Statutes on Attempted Murder
The charge against the Client, who held a consultation, was attempted murder.
Attempted murder refers to a crime in which a person tries to commit murder but does not achieve that purpose.
(1) A person who kills another shall be punished by death, imprisonment for life, or imprisonment for at least five years.
(2) A person who kills his or her own or his or her spouse's lineal ascendant shall be punished by death, imprisonment for life, or imprisonment for at least seven years.
Article 254 of the Criminal Act (Attempts)
An attempt to commit a crime under Articles 250, 252, and 253 shall be punished.
Gwangju Law Firm Answers Questions on Attempted Murder
Q. Attorney, what is the difference between an attempt and a preparatory offense?
3. Assistance Provided by the Firm
The firm analyzed the case closely, focusing on the relevant statutes and precedents. It earnestly sought leniency for the Client, arguing the following.
Argument ① The Client's Prompt Response
Immediately after the offense, the Client recognized that the situation was wrong and asked family members to call 119 emergency services for the victim.
The firm emphasized that this enabled prompt emergency measures for the victim and prevented the harm from expanding.
Argument ② A Spur-of-the-Moment Offense
On the day of the incident, the victim was intoxicated and behaved disrespectfully toward the father.
When the Client tried to stop this behavior, the victim even cursed at the Client, and the two argued.
The firm emphasized that the Client ultimately could not hold back and, in anger, committed the offense on the spur of the moment.
Argument ③ Deep Remorse
The Client committed a serious crime that could have taken the victim's life.
The Client believes that accepting punishment for the offense without complaint is a way of atoning for it.
The firm emphasized that the Client had spent his days in remorse and contrition and had written several letters of apology.
4. The Court's Decision on the Firm's Arguments
The court accepted the firm's arguments and ruled, "The defendant shall be sentenced to two years and six months of imprisonment. However, the execution of this sentence shall be suspended for three years from the date this judgment becomes final."
The Client expressed deep gratitude to the firm.
If You Need the Firm's Help
Because attempted murder is a matter in which intent and the commencement of execution are important, building a thorough defense strategy with the assistance of an attorney at an early stage can be advantageous.
At Daeryun Law Firm, 🔗criminal attorneys form a task force of 1 to 20 members to analyze cases systematically, gather evidence, and guide cases in a favorable direction.
If you face a situation similar to the case above and need the assistance of an attorney, please reach out at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
