The accused had a dispute with the victim over money, and during the course of the dispute, the accused decided to kill the victim, telling the victim, "Come out, you son of a bitch, I'm going to kill you," and took out an iron pipe that he kept in the trunk of his vehicle and approached the victim. He then ran after the fleeing victim, caught up with him, and struck the victim once in the head area with the above iron pipe, knocking him out, and then struck the victim multiple times in other parts of his body while he was lying on the ground. This resulted in the victim being hospitalized with an open scalp wound, traumatic subdural hemorrhage, and other injuries that required approximately eight weeks of treatment.
The client was charged with attempted murderand was sentenced to three years in prison and probation, but the prosecution appealed and the case went to appeal.
Case Issues
The defense team of Ongang Law Firm admitted all the facts at the first trial, but denied the intent to kill and claimed special injury. In addition, the defense team claimed other mitigating factors (accidental crime, agreement with the victim, the defendant's usual behavior such as volunteer activities, the fact that the defendant was a head of a family with dependents, reflection, plea, etc. The first instance court rejected the defendant's denial of intent to kill and sentenced him to three years in prison and four years of probation, punishing him for attempted murder, but taking into account the mitigating circumstances.
The prosecution appealed the sentence imposed in the first trial on the grounds of inadequacy of sentence, arguing that the case was serious and of poor quality, given the motive and method of the crime and the extent of the victim's injuries; that the crime was premeditated, as the tools used by the accused in the crime were kept in his vehicle; and that the accused did not admit to the crime in the first trial by denying intent to kill. The prosecution requested that the defendant be sentenced to eight years in prison.
Troubleshooting
Ongang Law Firm's defense team argued that the defendant's denial of intent to commit murder in the first trial was only to obtain a legal judgment on the lack of intent, not to actually deny the crime, and that the defendant accepted and accepted the sentence of attempted murder imposed in the first trial without appealing it. He also submitted an opinion to the court seeking dismissal of the prosecution's appeal, arguing that the crime was accidental, that he turned himself in by calling 112 directly at the time of the crime, that he had reached an agreement with the victim, that he was remorseful, that he had strong social ties and a long history of service, and other mitigating factors.
In response to the sentencing investigation conducted ex officio by the Appeals Chamber, we carefully analyzed the sentencing investigation report, prepared and submitted an opinion letter emphasizing that the victim had forgiven the defendant, and further organized and submitted the defendant's reflection.
With the assistance of Ongang Law Firm's defense team, the defendant won a suspended sentence on appeal (prosecution) appeal was dismissed, and the defendant was able to maintain the suspended sentenceon appeal.
