Assault, special intimidation, obstruction of business, fraud

Substantive review of detention warrant

Investigative agencies generally conduct investigations without detention, but if the suspect's suspicion is substantial, the suspect has no fixed residence, there is concern of evidence destruction, or there is concern of flight, they may request a detention warrant from the court.

The court that receives the detention warrant request summons the suspect for questioning and decides whether to issue the warrant by comprehensively considering whether the grounds for detention listed above exist, as well as the gravity of the crime, the risk of recidivism, and the risk of harm to the victim and important witnesses.

If the warrant is issued, the suspect is immediately detained, and the police may conduct the investigation while detained for up to 10 days, and the prosecution for up to 20 days.

Recently, attorney Joo Youngjae represented a suspect for whom a detention warrant was requested on charges of assault, special intimidation, interference with business, fraud, etc., and brought about the dismissal of the warrant request. We will introduce this case.

Facts

The client (suspect), a pharmacist who ran a pharmacy, was charged because he did not accurately inform customers of medication prices, and after selling, when customers who saw the receipt requested refunds claiming it was expensive, he refused; and he was accused of swinging a cutter knife at customers who continued to express dissatisfaction inside the pharmacy. He denied most of the charges.

Accordingly, the police requested a detention warrant, citing concern of flight and evidence destruction.

Attorney Joo Youngjae's assistance

Attorney Joo Youngjae actively argued that the client denied most of the charges, the suspicion was not sufficiently substantiated solely by the victims' statements, the client, as a pharmacist operating a pharmacy and living with his parents, had little concern of flight, and since the investigative agency had already secured a large amount of evidence, there was little concern of evidence destruction.

Court's decision

The court accepted the arguments of attorney Joo Youngjae, dismissed the police's warrant request, and the client was immediately released and investigated without detention.