[Obstruction of Official Duties Suspended Sentence Case] Obstruction of Official Duties: How to Avoid an Actual Custodial Sentence Despite Multiple Prior Convictions

At the time of the investigation, the client could not remember the situation and definitely needed the assistance of counsel. The punishment for obstruction of official duties varies by situation, and because the client had no memory of it, responding alone could lead to a heavier level of punishment.

(1) A person who commits assault or intimidation against a public official engaged in the performance of duties

(2) A person who commits assault or intimidation against a public official for the purpose of compelling or obstructing the performance of an act within the official's duties, or of causing the official to resign from the position

→ Imprisonment with labor for up to 5 years or a fine of up to 10 million won

A person who, by deceit, obstructs a public official in the performance of duties

→ Imprisonment for not more than 5 years or a fine not exceeding 10 million won

A person who, displaying the collective force of a group or a crowd, or carrying a dangerous object, commits assault or intimidation against a public official engaged in the performance of duties

→ Imprisonment for not more than 5 years or a fine not exceeding 10 million won, the punishment being increased by up to one half

A person who, displaying the collective force of a group or a crowd, or carrying a dangerous object, inflicts bodily injury on a public official engaged in the performance of duties

→ Imprisonment for a definite term of not less than 3 years

A person who, displaying the collective force of a group or a crowd, or carrying a dangerous object, causes the death of a public official engaged in the performance of duties

→ Life imprisonment or imprisonment for not less than 5 years

We help review and submit the materials that should be filed in an incident that ordinary people experience for the first time, such as a handwritten letter of reflection by the client and letters of appeal from people around the client.

We also review the content of documents being prepared for the first time and guide the case in a favorable direction.

Although the client has several prior convictions, we help guide and connect the client with relevant treatment and educational institutions in order to demonstrate that efforts are being made to prevent reoffending.

After the client receives treatment and education, the relevant supporting documents are submitted to the court so that they may be used as sentencing materials, allowing them to be considered as a favorable factor.

If, like the client in this case, you are involved in an obstruction of official duties matter, a consultation with a criminal law attorney is necessary.

If you try to reduce the level of punishment for obstruction of official duties alone in order to save on attorney's fees, you may receive an actual custodial sentence.

For obstruction of official duties, the resulting punishment can be lower or, depending on the conduct and on the response throughout the procedure, higher than expected.

You should arrange a prompt response through a law firm with many criminal case results and a dedicated criminal practice center.