CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Uijeongbu Attorney Office
- 2. Relevant Statutes Explained by the Uijeongbu Attorney Office
- 3. The Assistance Provided by the Uijeongbu Attorney Office
- - Uijeongbu Attorney Office: Argument That the Client Confessed to the Entire Offense
- - Uijeongbu Attorney Office: Argument That the Client Was in a State of Diminished Mental Capacity
- - Uijeongbu Attorney Office: Emphasis That the Client Was a First-Time Offender
- 4. The Court's Judgment on the Uijeongbu Attorney Office's Arguments
- - If You Need the Help of the Uijeongbu Attorney Office
1. The Client's Situation
The client, who had committed obstruction of official duties, came to a Uijeongbu attorney office to handle the case together with an attorney and reduce the punishment as much as possible.
How the Client Came to the Uijeongbu Attorney Office
The client in this case attempted suicide at his residence by cutting his left wrist five times with a fruit knife.
However, fearing that he might actually die, the client reported to a suicide prevention center that he 'felt as though he was going to die.'
Having received the report from the suicide prevention center, police officers immediately responded to the scene and escorted the client to the police substation for hospitalization and protective measures.
When an officer lifted the client to his feet in order to escort him to the hospital, the client, who had suddenly become angry, headbutted the officer in the face three times.
The client obstructed the officer's lawful performance of duties relating to emergency hospitalization and transport, and faced the risk of receiving a heavy sentence.
The client requested assistance from the Uijeongbu attorney office in order to reduce the punishment as much as possible.
2. Relevant Statutes Explained by the Uijeongbu Attorney Office
■ Crimes Concerning Obstruction of Official Duties
Article 136 (Obstruction of Official Duties)
① A person who commits assault or intimidation against a public official performing his or her duties shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won.
② The same punishment as in the preceding paragraph shall apply to a person who commits assault or intimidation against a public official for the purpose of compelling him or her to perform or refrain from an act relating to his or her duties, or to resign from office.
Article 137 (Obstruction of Official Duties by Deceit)A person who obstructs a public official in the performance of duties by deceit shall be punished by imprisonment for not more than five years or a fine not exceeding 10 million won.
Article 143 (Attempts)
An attempt to commit the offense under Articles 140 through the preceding Article shall be punished.
Article 144 (Special Obstruction of Official Duties)
① If a person, by displaying the collective power of a group or multitude or by carrying a dangerous object, commits an offense under Article 136, Article 138, or Articles 140 through the preceding Article, the punishment prescribed for the respective Article shall be aggravated by up to one half.
② If a person commits the offense under paragraph (1) and causes bodily injury to a public official, he or she shall be punished by limited-term imprisonment for not less than three years. If he or she causes death, the punishment shall be life imprisonment or imprisonment for not less than five years.
3. The Assistance Provided by the Uijeongbu Attorney Office
The Uijeongbu attorney office conducted a thorough consultation with the client in order to reduce the punishment as much as possible.
The Uijeongbu attorney office proceeded with the defense, presenting the following arguments.
Uijeongbu Attorney Office: Argument That the Client Confessed to the Entire Offense
The Uijeongbu attorney office argued that, from the early stages of the investigation, the client had acknowledged and confessed to the entire offense, and that, deeply regretting having caused great suffering to the injured officer through his conduct, he had shown remorse and prepared a letter of apology.
Uijeongbu Attorney Office: Argument That the Client Was in a State of Diminished Mental Capacity
The Uijeongbu attorney office argued that, at the time of the incident, the client had resolved to take his own life and had consumed alcohol and psychiatric medication, leaving him unable to make sound judgments, and that, as he ordinarily experienced symptoms such as panic attacks, he had committed the offense in a state of diminished mental capacity.
Uijeongbu Attorney Office: Emphasis That the Client Was a First-Time Offender
The Uijeongbu attorney office argued that the client had lived as a diligent member of society with no criminal record whatsoever, and that, with firm social ties as well, there was no risk of reoffending at all.
4. The Court's Judgment on the Uijeongbu Attorney Office's Arguments
The court accepted the Uijeongbu attorney office's arguments and imposed a relatively light 'fine'.
If You Need the Help of the Uijeongbu Attorney Office
At Daeryun Law Firm, criminal attorneys jointly handle criminal cases and carry them out.
The firm also operates a system that allows consultation and emergency response 24 hours a day, 365 days a year.
If you need the help of an attorney in a situation similar to this case, please reach out to the Uijeongbu attorney office at any time.
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- Obstruction of Official Duties Reduced to a 'Suspended Sentence' on Appeal
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