[Attempted Murder] Successful Defense Securing a Suspended Sentence in a Case Where the Client Was Arrested and Indicted

Practice AreaCriminalStageTrialDispositionSuspended Sentence

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Case Details

The client and the victim had known each other for a long time. On the night of the incident, the victim came to see the client and they began drinking together. Without any particular reason, the victim began cursing and picking fights, which eventually escalated into a physical altercation. The victim overpowered the client, knocking him down and pinning him one-sidedly.

After barely managing to push the victim away and return home, the client noticed a paring knife in the house. Thinking he needed to frighten the victim so that such an incident would never happen again, the client called the victim back out. Another physical struggle ensued, during which the client ended up stabbing the victim in the upper body. The victim was taken to the hospital and underwent surgery. The client was arrested immediately after the incident and, while in custody, was indicted for attempted murder.

Key Issues in This Case

For attempted murder, the statutory sentencing range for murder itself serves as the starting point. Even with a reduction for attempt, this is a serious crime where the minimum applicable sentence reaches 2 years and 6 months of imprisonment. The client maintained that he had only intended to frighten the victim and never intended to kill him, and sought to avoid actual imprisonment.

LEAP's Solution

LEAP dismantled the investigation record line by line.

① By rearranging CCTV footage, call records, and statements from those involved in chronological order, we reconstructed the case from its very beginning. We even established that there was no grudge or financial dispute between the two parties, demonstrating that there was no motive for murder whatsoever.

② By clarifying how and what type of weapon was prepared, we showed that the intent was only to frighten the victim, not to kill him.

③ LEAP corrected the factual basis of the charges, arguing that the intended attack was a single strike during the scuffle aimed at a non-vital area, and that the remaining wounds should be understood as having occurred during the physical struggle.

④ We also refuted, using medical records, the possibility that the injury could have resulted in death.

⑤ Outside the courtroom, we worked together toward the victim's recovery. On behalf of the client, who was in custody and unable to act, LEAP delivered a sincere apology to the victim and coordinated a settlement.

Case Outcome

DISPOSITION

Suspended Sentence

Based on the circumstances uncovered and established by LEAP, the court found that the act was not premeditated but occurred accidentally during a physical altercation, that the client had reached an amicable settlement with the victim who no longer wished to see him punished, and that the client acknowledged the basic facts and showed deep remorse. Taking these factors into account, the court sentenced the client to 3 years' imprisonment, suspended for 5 years.

Why You Need the Help of a LEAP Attorney

Attempted murder is a serious crime where, once guilt is established, actual imprisonment is considered the norm. In particular, intent to kill is a matter of the defendant's inner state of mind. Without identifying objective circumstances in the record—such as how and what type of weapon was prepared, the location and number of attacks, and the defendant's behavior before and after the incident—it becomes impossible to even contest the charge. In this case, the attorneys at LEAP cross-referenced the entire record, including CCTV footage, call records, and medical records, to first correct the factual basis of the charges. At the same time, on behalf of the client who was in custody, we secured a settlement with the victim, facilitated the victim's recovery, and obtained the victim's expressed wish not to have the client punished. This two-track approach produced the result of a suspended sentence. The outcome of a violent crime case depends entirely on who you fight alongside and how you fight. We recommend seeking the assistance of LEAP attorneys, who have extensive experience and proven skill in similar cases.

Case outcomes may vary depending on the specific facts and evidence, so it is important to organize records and identify the issues from an early stage.