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Deals & Cases

Obstruction of official duties, etc.

[Mokpo Criminal Defense Attorney, Reduced Sentence] Client Sentenced to an Actual Custodial Term at First Instance Has Sentence Reduced to a Suspended Sentence on Appeal

The client who came to the Mokpo criminal defense attorney had obstructed a police officer's lawful execution of official duties and was sentenced to an actual custodial term, resulting in detention in the courtroom.

The client therefore requested assistance from the Mokpo criminal defense attorney.

CONTENTS
  • 1. The Client Who Requested Assistance From the Mokpo Criminal Defense Attorney
    • - Circumstances Leading the Client to Seek Out the Mokpo Criminal Defense Attorney
  • 2. Laws Relevant to the Case, Explained by the Mokpo Criminal Defense Attorney
  • 3. Assistance Provided by the Mokpo Criminal Defense Attorney
    • - The Mokpo Criminal Defense Attorney Emphasized That the Client Was Making Personal Efforts
    • - The Mokpo Criminal Defense Attorney Emphasized That the Client Had Made a Criminal Deposit
    • - The Mokpo Criminal Defense Attorney Emphasized That the Client Had Family Members to Support
  • 4. The Court's Decision on the Mokpo Criminal Defense Attorney's Arguments
    • - If You Need the Assistance of the Mokpo Criminal Defense Attorney

1. The Client Who Requested Assistance From the Mokpo Criminal Defense Attorney

The client who came to the Mokpo criminal defense attorney had, after drinking, grabbed a police officer's hand and pushed the officer's neck, thereby committing the crime of obstruction of official duties.

As a result, the client was sentenced to imprisonment with labor at the original trial and was detained in the courtroom.

The client, who has a young son and an elderly mother, was very worried,

and, on appeal, earnestly hoping to be released, the client requested assistance from the Mokpo criminal defense attorney.

Circumstances Leading the Client to Seek Out the Mokpo Criminal Defense Attorney

When the police officer in this case requested a breath test, the client wished to undergo a 'blood draw' to confirm the fact of drinking.

The officer then sought to have the client board a patrol car in order to travel with the client to a hospital.

The intoxicated client suddenly grabbed the police officer's hand, gripped the officer's neck, and pushed the officer toward the road where vehicles were passing.

The client used physical force against a police officer who was carrying out the lawful execution of official duties, thereby committing the crime of obstruction of official duties.

As a result, the client had been sentenced to an actual custodial term at the original trial and was detained in the courtroom.

Seeking, with the assistance of an attorney specializing in this area, to obtain a reduction to a 'suspended sentence' on appeal and to be released, the client requested the support of the Mokpo criminal defense attorney.

2. Laws Relevant to the Case, Explained by the Mokpo Criminal Defense Attorney

The laws relevant to drunk driving (DUI) and obstruction of official duties are examined in detail below.

Laws Relevant to Drunk Driving and Obstruction of Official Duties

■ Drunk Driving (DUI)

In the case of a repeat offense within 10 years for a simple instance of drunk driving

Where a drunk driver who has been sentenced to a fine or heavier punishment and whose sentence has become final commits drunk driving again within 10 years from the date the sentence became final (including a person whose sentence has been nullified), the offense shall be punished according to the following classifications.

Refusal of a police breath test request

- Imprisonment with labor for not less than 1 year and not more than 6 years, or a fine of not less than 5 million won and not more than 30 million won

Blood alcohol concentration of 0.2% or higher

- Imprisonment with labor for not less than 2 years and not more than 6 years, or a fine of not less than 10 million won and not more than 30 million won

Blood alcohol concentration of 0.03% or higher and below 0.2%

- Imprisonment with labor for not less than 1 year and not more than 5 years, or a fine of not less than 5 million won and not more than 20 million won

Obstruction of Official Duties

Article 136 (Obstruction of Official Duties)

① A person who commits assault or intimidation against a public official engaged in the execution of official duties shall be punished by imprisonment with labor for not more than 5 years or a fine of not more than 10 million won.
② A person who commits assault or intimidation against a public official with the intent to coerce or obstruct an act in the line of duty, or to compel the official to resign from office, shall be subject to the same punishment as provided in the preceding paragraph.

Article 137 (Obstruction of Official Duties by Deceit)

A person who obstructs the execution of a public official's duties by deceit shall be punished by imprisonment with labor for not more than 5 years or a fine of not more than 10 million won.

3. Assistance Provided by the Mokpo Criminal Defense Attorney

The Mokpo criminal defense attorney conducted a thorough consultation with the client and thereby analyzed the client's first-instance case.

Based on this, the attorney identified the circumstances favorable and unfavorable to the client, developed a systematic strategy, and established a strategy for the appeal.

The Mokpo Criminal Defense Attorney Emphasized That the Client Was Making Personal Efforts

The Mokpo criminal defense attorney emphasized that the client deeply repented and reflected on the fact of the drunk driving offense,

that the client voluntarily deregistered and scrapped the vehicle within 3 days of the incident,

and that the client also completed recidivism-prevention education and resolved never again to commit drunk driving.

The Mokpo Criminal Defense Attorney Emphasized That the Client Had Made a Criminal Deposit

The Mokpo criminal defense attorney emphasized that the client, out of remorse and apology toward the injured police officer, deposited a substantial sum in an effort to convey an apology,

and that the injured police officer indicated an intention to receive the deposited amount.

The Mokpo Criminal Defense Attorney Emphasized That the Client Had Family Members to Support

The Mokpo criminal defense attorney emphasized that the client had divorced his wife and had to raise the young son born of that marriage on his own,

and that, because the client was in custody, the client's mother, who is well past her sixtieth year, was caring for the young son.

4. The Court's Decision on the Mokpo Criminal Defense Attorney's Arguments

The court, which at the original trial had sentenced the client to an actual custodial term, accepted the arguments of the Mokpo criminal defense attorney and imposed a 'suspended sentence'.

If You Need the Assistance of the Mokpo Criminal Defense Attorney

Daeryun Law Firm operates a system that provides consultations 365 days a year, 24 hours a day.

With offices in many locations, it is able to respond to cases throughout the country and provides legal services nationwide.

If you need the assistance of an attorney in a situation similar to the case above, please feel free to reach out to the Mokpo criminal defense attorney.

[목포형사변호사 감형] 원심에서 실형 선고받은 의뢰인, 항소심서 ‘집행유예’로 감형

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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