A Mokpo Law Office Case | The Mokpo Law Office Assists a Client Charged with Attempted Murder and Successfully Defends Against an immediate custodial sentence

The crime of murder is treated as very grave and is punished heavily in that it takes a person's life.

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

① A person who kills another shall be punished by death, imprisonment for life, or imprisonment for not less than 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 not less than seven years.

Criminal Act Article 254 (Attempts) Attempts of the crimes under Articles 250, 252, and 253 shall be punished.

Criminal Act Article 255 (Preparation, Conspiracy) A person who prepares or conspires to commit a crime under Article 250 or 253 shall be punished by imprisonment for not more than ten years.

Criminal Act Article 256 (Concurrent Imposition of Suspension of Qualifications) In the case of Article 250, 252, or 253, where imprisonment for a definite term is imposed, suspension of qualifications for not more than ten years may be imposed concurrently.

The client who requested the help of the Mokpo Law Office and the victim were friends.

On the day of the incident, they drank together at the client's home, and the two, heavily intoxicated, got into an argument over a trivial matter.

The heavily intoxicated client, unable to control his anger, picked up a kitchen knife and attacked the victim.

The victim and the client were close friends, and the client harbored no grudge whatsoever against the victim.

It originated merely from a simple quarrel that led him to attack the victim, and there was no motive at all to kill.

In order to prove that the client had no genuine intent to kill, the Mokpo Law Office made arguments concerning how the weapon was used in the incident.

The client, who is right-handed, harmed the victim with his left hand at the time of the offense.

if they had intended to kill the victim, he would have swung with his right hand, with which he could handle the weapon more easily.

However, the client gripped and used the weapon with his left hand, which he could not use with familiarity.

On the basis of these facts, the Mokpo Law Office argued that the client did not genuinely have the will to kill.