CONTENTS
- 1. Overview of the Case Handled by the Cheonan Criminal Attorney
- - The Client's Situation
- 2. Information Relevant to the Case Explained by the Cheonan Criminal Attorney
- 3. The Cheonan Criminal Attorney's Assistance to the Client
- - The Cheonan Criminal Attorney's Argument | Sincere Remorse
- - The Cheonan Criminal Attorney's Argument | Sobriety Treatment and Prevention of Reoffending
- 4. The Cheonan Criminal Attorney's Result of Assistance "A Fine"
1. Overview of the Case Handled by the Cheonan Criminal Attorney
The Cheonan criminal attorney's client was facing criminal punishment on charges of interference with business and obstruction of official duties committed while intoxicated.
The client came to the Cheonan criminal attorney in the hope of at least avoiding an actual custodial sentence.
The Client's Situation
The client explained that, on the day of the incident, he had gathered for drinks with friends he had not seen in a long time and had become heavily intoxicated.
After parting from his friends, he stopped at a bar open until late at night to drink more on his own.
Having become even more intoxicated at that place, the client got into an altercation with an employee of the establishment, and the owner of the establishment reported it to the police.
The client, however, also cursed at the police officers who responded to the report and committed even more serious acts, such as sitting in the passenger seat of the police car without permission.
He was subsequently booked on two charges, interference with business against the owner of the bar and obstruction of official duties against the police, and came to face criminal punishment.
The client came to the Cheonan criminal attorney in the hope of at least avoiding an actual custodial sentence.
2. Information Relevant to the Case Explained by the Cheonan Criminal Attorney
The client's charges of interference with business and obstruction of official duties share the common feature that both offenses are committed when another person's business or the performance of official duties is obstructed by force.
First, with regard to interference with business, caution is required because the offense is committed not only by physical obstruction of business but also by obstruction through the spreading of false facts, deception, or force.
For this reason, even if it was not intended, where another person is caused to be mistaken and the business is disrupted, there is room for interference with business to be committed, so caution is needed.
🔗If you would like to know more about interference with business
Obstruction of official duties is an offense committed when a public official's lawful performance of duties is obstructed by violence, intimidation, or similar means, and because it greatly harms the social order, its punishment is heavy.
Obstruction of official duties mainly occurs in the course of the performance of duties by correctional officers, firefighters, and police officers, and in particular it is an offense that commonly occurs during the arrest or investigation process by the police.
🔗If you would like to know more about obstruction of official duties
If you come to be investigated by the police for obstruction of official duties or interference with business, rather than unconditionally denying the charges, it may be necessary to seek advice from an attorney experienced in such cases.
3. The Cheonan Criminal Attorney's Assistance to the Client
The Cheonan criminal attorney ascertained the circumstances at the time the client committed the offense, conducted a legal review aimed at minimizing the subsequent punishment, and then made the following defense.
The Cheonan Criminal Attorney's Argument | Sincere Remorse
The client explained that, after sobering up and learning the circumstances of the incident, he genuinely felt sorry for having caused harm to the police officers' performance of official duties and to another person's place of business, and that he came to feel remorse.
He subsequently made efforts to restore the victims' losses as much as possible, such as paying a settlement amount to the owner of the establishment and reaching a settlement.
The Cheonan criminal attorney argued that the court should take into account in sentencing that the client fully acknowledged his mistake and was deeply remorseful.
The Cheonan Criminal Attorney's Argument | Sobriety Treatment and Prevention of Reoffending
The client explained that, after the incident, he resolved to give up alcohol completely, the root cause of all of this, and began sobriety treatment.
Considering that this incident occurred in a state of heavy intoxication, it could be said that, with the client's abstinence from alcohol, the possibility of reoffending had all but disappeared.
The Cheonan criminal attorney argued that the court should take into account in sentencing the client's remorse, together with his efforts to prevent reoffending.
4. The Cheonan Criminal Attorney's Result of Assistance "A Fine"
Accepting the Cheonan criminal attorney's arguments, the court rendered a judgment that "the defendant shall be punished by a fine."
As in the client's case, if an offense is committed while intoxicated, it is important to closely examine the circumstances before and after the situation and to establish an appropriate defense strategy.
At Daeryun Law Firm, criminal attorneys with extensive 🔗case experience work to provide tailored solutions for clients' cases.
If you are concerned about a similar matter, you may seek a consultation through a 🔗legal consultation appointment.
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