The client had been separated after arguing with her husband about overspending time and money for playing games. They later reconciled and decided to stay together, but when her husband suddenly became indifferent, did not keep his promises to come home, and did not receive calls, she went to her husband to talk about what to do with the marriage.
At this time, the client prepared two knives to pretend hurting herself to get attention. The husband refused to talk to the client and tried to report to the police. The client accidentally stabbed her husband’s neck and shoulder. At the end, she was arrested and detained on attempted murder.
Criminal Act
Article 250(Murder, Killing Ascendant)
- A person who kills another shall be punished by death, or imprisonment for life or for at least five years.
Article 254(Attempts)
Attempts to commit crimes in the preceding four Articles shall be punished.
3. Assistance of Counsel
On the letter of indictment, it was written as the client prepared two knives, trespassed husband's residence at midnight without consent to kill her husband with intention.
Regarding this, attorney argued that the client purchased fake blood to make a scene, had attempted to self-harm in the past, prepared the husband's favorite food at the time of the incident. At the same time, the client with her family persuaded her husband to close this case by getting “waiver of prosecution” and attorney tried his best to get the least sentencing.
As a result, the client was sentenced to 3 years imprisonment and 4 years of probation.
Since the crime of murder violates the most fundamental human rights, it is treated very seriously from the investigation stage. It is not a matter that can be given the grace of probation simply because a settlement is reached. Therefore, it is difficult to avoid the sentence (jail time) if a lawyer does not fully convince the court that the defendant is self-reflecting and has no risk of committing a crime again.
Right after the arrest, the client's mother appointed Law-Win from the initial investigation stage to the trial stage. To receive a probation, the family, the lawyer, and the client did everything possible. On the pronouncement, the client was able to return home and avoid the serious sentence.
Attorney Kim Sang-su