Goyang Criminal Defense Attorney Case Study | Client Accused of Attempted Murder, “Non-referral (police)”

The client who came to the Goyang criminal defense attorney was implicated in attempted murder based on the statement of the victim, who had decided to take her own life at their residence.

The client stated that the victim had never said, “I will take my own life,” and that while the client was briefly outside smoking a cigarette, the victim had taken the zolpidem that the client had been prescribed.

Based on the victim's statement that the client, who as a legal spouse had a duty of rescue, had neglected the victim in an attempt to kill her, the client was implicated in attempted murder.

To find a solution to the criminal case, the client came to the Goyang attorney.

■ Attempted Murder

Criminal Act Article 250 (Murder, Murder of Lineal Ascendant)

(1) A person who kills another shall be punished by death, imprisonment for life, or imprisonment for not less than 5 years.
(2) A person who kills his or her own or a spouse's lineal ascendant shall be punished by death, imprisonment for life, or imprisonment for not less than 7 years.
Article 254 (Attempt) An attempt of the crimes under Articles 250, 252, and 253 shall be punished.

■ Narcotics Control Act

▶ Narcotics Control Act Article 3 (Prohibition of General Acts)

No person shall commit any of the acts falling under any of the following subparagraphs.

10. Any of the acts falling under the following items

(a) Smoking or ingesting cannabis or the shell of cannabis seeds

(b) Possessing cannabis, cannabis seeds, or the shell of cannabis seeds for the purpose of committing the act under item (a)

(c) Selling, or arranging the sale of, cannabis seeds or the shell of cannabis seeds while knowing that they are intended for the act under item (a) or (b)

▶Narcotics Control Act Article 61 (Penalty Provisions)

(1) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than 5 years or a fine not exceeding 50 million won.

4. A person who, in violation of Article 3, subparagraph 10, commits any of the acts falling under the following items

(a) A person who smokes or ingests cannabis or the shell of cannabis seeds

(b) A person who possesses cannabis, cannabis seeds, or the shell of cannabis seeds for the purpose of committing the act under item (a)

(c) A person who sells, or arranges the sale of, cannabis seeds or the shell of cannabis seeds while knowing that they are intended for the act under item (a) or (b)

(2) A person who habitually commits the crime under paragraph (1) shall have the penalty prescribed for such crime increased by up to one half.

▶ The criminal defense attorney emphasized that, even assuming all of the victim's statements were true, the client's act of handing over 2 additional zolpidem pills at the request of the victim, who had taken 8 zolpidem pills in order to take her own life, could not be regarded as constituting attempted murder, leaving aside whether it might amount to attempted aiding of suicide.

▶ The criminal defense attorney emphasized that zolpidem is a psychotropic drug and may not be provided to others by anyone who is not a narcotics handler, but that the client had not in fact handed over the 2 zolpidem pills at all.

▶ The criminal defense attorney emphasized that the evidence was insufficient to establish the client's alleged facts.

In this case, a client implicated in charges including attempted murder received a ‘Non-referral’ decision through the assistance of the Goyang criminal defense attorney.

If you wish to proceed with a case together with an experienced attorney, you may come to the Goyang criminal defense attorney at any time.

We will provide active assistance with your case.