CONTENTS
- 1. The Client Who Came to the Anyang Attorney Office
- 2. Anyang Attorney Office, Assistance Aimed at Defending the Client Against Punishment
- - Anyang Attorney Office, Arguing an Unstable Condition
- - Anyang Attorney Office, Arguing the Absence of a Prior Record of the Same Type of Criminal Punishment
- - Anyang Attorney Office, Submitting Letters of Appeal From Acquaintances
- 3. With the Assistance of the Anyang Attorney Office, a Successful Defense Against an Actual Sentence
1. The Client Who Came to the Anyang Attorney Office
The client who came to Daeryun seeking the Anyang attorney's office had been indicted on suspicions including obstruction of official duties, attempted damage to property in public use, and violation of the Minor Offenses Act.
In particular, because the client faced more than 500 counts of obstruction of official duties, a severe punishment was anticipated.
The client came to the Anyang attorney's office and requested that, at the very least, an actual custodial sentence be avoided.
The Client's Case, Explained by the Anyang Attorney Office
🔗Obstruction of official duties refers to interfering with the performance of duties by assaulting or threatening a public official who is performing their duties.
Under Article 136 of the Criminal Act, obstruction of official duties is punishable by imprisonment for up to five years or a fine not exceeding ten million won.
In particular, the client was in a situation involving obstruction of official duties for assaulting a police officer, attempted damage to property in public use for attempting to damage an item used by a public office, and violation of the Minor Offenses Act for interfering with the performance of public duties through more than 500 false reports.
The crime of damage to property in public use punishes the act of damaging an item used for the public benefit or impairing its utility.
In such a case, under Article 141 of the Criminal Act, the offense may be punishable by imprisonment for up to seven years or a fine not exceeding ten million won.
In the case of a false report, under the Minor Offenses Act, the offense is punishable by a fine not exceeding 600,000 won, detention, or a minor fine, and it may also be punished as the crime of obstruction of official duties.
2. Anyang Attorney Office, Assistance Aimed at Defending the Client Against Punishment
The Anyang attorney's office submitted sentencing materials and did its utmost to defend the client against punishment.
Anyang Attorney Office, Arguing an Unstable Condition
The Anyang attorney's office argued that the client was in a state of severe mental exhaustion due to extreme depression and stress.
The client came to drink frequently in order to escape from reality and had no memory at all of the actions taken while intoxicated.
On the days when the client made the false reports, the client was intoxicated, and on the day of the incident that led to the assault, the client was also heavily intoxicated.
The client also voluntarily visited a psychiatrist and received treatment in order to address the symptoms described above.
The Anyang attorney's office requested leniency, arguing that the client was deeply remorseful and was making efforts to improve.
Anyang Attorney Office, Arguing the Absence of a Prior Record of the Same Type of Criminal Punishment
The Anyang attorney's office argued that the client had never once been investigated or punished for obstruction of official duties.
The Anyang attorney's office requested leniency, emphasizing that the client was a first-time offender and was making efforts to prevent reoffending.
Anyang Attorney Office, Submitting Letters of Appeal From Acquaintances
The Anyang attorney's office argued that the client's family and acquaintances earnestly hoped that the lightest possible punishment would be imposed.
The client's acquaintances wrote a written petition, promising that they would provide unwavering support and oversight so that the client, who is ordinarily exemplary and diligent, would never again cause problems due to alcohol.
3. With the Assistance of the Anyang Attorney Office, a Successful Defense Against an Actual Sentence
With the help of the Anyang attorney's office, the client was able to avoid an actual custodial sentence despite more than 500 counts of obstruction of official duties and to conclude the case with a suspended sentence.
Under the ‘112 Basic Act,’ which took effect this past July, an administrative fine of up to five million won may be imposed for making a false report.
In particular, because criminal punishment for the crime of obstruction of official duties may be imposed along with an administrative fine, anyone in a situation similar to that of the client would do best to obtain the help of a specialized attorney.
At Daeryun Law Firm, 🔗specialized attorneys with an average of more than ten years of experience provide tailored assistance for each client's situation.
If you are seeking an attorney's office in a situation such as the one described above, please visit the Daeryun Law Firm 🔗Anyang office.
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.
