CONTENTS
- 1. The Client's Situation
- - Laws Relevant to the Case Explained by the Anyang Obstruction of Official Duties Attorney
- 2. Assistance Provided by the Anyang Obstruction of Official Duties Attorney
- 3. Result of the Anyang Obstruction of Official Duties Attorney's Assistance, Prosecutor's Appeal Dismissed
1. The Client's Situation
The client had been suffering psychological stress over employment difficulties and was drinking more heavily than usual.
While heavily intoxicated, the client lay down and fell asleep in a public place.
In that situation, police officers who responded to a resident's report tried to put the client in a taxi to send him home, but the client explained that he felt the officer pulling at him was treating him unfairly.
Angered by this, the client slapped the officer in the face a few times.
As a result, the client received a fine of 2 million won for obstruction of official duties, but the prosecutor appealed, claiming that the sentence was far too light given the seriousness of the offense.
Fearing that he might receive a heavier punishment in this situation, the client decided to seek legal assistance and accordingly came to the Anyang attorney.
Laws Relevant to the Case Explained by the Anyang Obstruction of Official Duties Attorney
The charge against the client was obstruction of official duties.
This offense is committed when a person obstructs official duties by assaulting or intimidating a public official who is lawfully performing those duties.
At this point, the offense is established and the person may be punished even if the specific result of actually obstructing the official duties does not occur.
🔗Obstruction of official duties is punishable under the Criminal Act by imprisonment for up to 5 years or a fine of up to 10 million won.
Obstruction of official duties is increasingly being dealt with severely, to the extent that even first-time offenders are not uncommonly given a custodial sentence, so it may be said that responding actively from the early stages of the case is important.
2. Assistance Provided by the Anyang Obstruction of Official Duties Attorney
The attorney closely analyzed the client's case and reviewed the sentencing materials that could be argued.
The attorney then argued that the sentence imposed by the court below could not be regarded as unduly light in light of the seriousness of the offense, and requested that the prosecutor's appeal be dismissed.
Anyang Attorney, Arguing the Appropriateness of the Sentence
The Anyang attorney emphasized that the sentence imposed by the court below for the client's obstruction of official duties could not be regarded as unduly light in light of the seriousness of the offense, and that it was already a sufficient punishment.
Anyang Attorney, Arguing Remorse and Efforts to Prevent Reoffending
The attorney argued that, since the incident, the client had deeply felt remorse for his wrongdoing and was actively making efforts to prevent reoffending.
The attorney also fully explained that, at the time of the incident, the client had been suffering psychological distress, that this situation had led to the drinking and assault, and that the offense had been spontaneous.
Anyang Attorney, Arguing That the Degree of Assault Was Minor
The client's assault amounted to only a very minor degree of force, and it did not cause serious injury to the officer.
Accordingly, the Anyang attorney argued that the sentence the client received at the court below was an appropriate punishment in light of the seriousness of the offense.
3. Result of the Anyang Obstruction of Official Duties Attorney's Assistance, Prosecutor's Appeal Dismissed
As a result of the thorough legal assistance provided by the Anyang obstruction of official duties attorney, the court issued a judgment dismissing the prosecutor's appeal and maintaining the judgment of the court below.
As a result, the client was able to maintain the outcome of the 2 million won fine and to avoid the risk of a heavier punishment.
If You Are Involved in the Crime of Obstruction of Official Duties
The above case was one in which the client, who had assaulted a police officer while intoxicated, received a fine for obstruction of official duties but faced the prosecutor's appeal, and requested legal assistance from the Anyang attorney.
At Daeryun Law Firm, attorneys with actual experience in the investigation and trial of criminal cases provide their full assistance, from consultation to accompaniment at the investigation stage and defense at trial.
If you are facing the risk of punishment after becoming involved in the crime of obstruction of official duties as described above, please feel free to use the 🔗legal consultation booking at any time.
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.
