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Deals & Cases

Bodily Injury and Obstruction of Official Duties

Busan Attorney | Busan Criminal Attorney, Client Charged With Bodily Injury and Obstruction of Official Duties Concluded With a Suspended Sentence

The client had been charged with inflicting bodily injury requiring three weeks of treatment by assaulting a victim after a quarrel broke out at a bar, as well as with obstruction of official duties for assaulting the police officer in charge.

CONTENTS
  • 1. Busan Attorney | Case Details
  • 2. Busan Attorney | Busan Criminal Attorney's Review of the Case
  • 3. Busan Attorney | The Defense
  • 4. Busan Attorney | Case Result: The Client Received a Suspended Sentence

1. Busan Attorney | Case Details

The client became embroiled in a quarrel at a restaurant and committed assault while fighting with the victim, and after being arrested at the scene of the crime, the client again assaulted the police officer in charge while being taken to the police station, and was booked for infliction of bodily injury and obstruction of official duties.

A Quarrel Broke Out With the Next Table at the Restaurant

While the client was drinking with an acquaintance, a quarrel broke out with the customers at the next table.

It began as a simple verbal dispute, but as emotions on both sides intensified, it escalated into a physical altercation.

Enraged by the other party's provocation, the client threw a punch, which ultimately resulted in inflicting bodily injury on the other party.

Assaulting the Responding Police Officer as Well

As the situation grew more serious, bystanders reported it to the police, and an officer dispatched to the scene attempted to restrain the client.

The client, however, was already highly agitated and used violence against the officer who was restraining him, and a charge of obstruction of official duties was added.

In particular, the client inflicted bodily injury on the officer, resulting in a serious situation with two assault victims.

2. Busan Attorney | Busan Criminal Attorney's Review of the Case

The Busan attorney reviewed the client's case and explored a means of resolving it.

What Were the Charges Against the Client?

The charges applied to the client were infliction of bodily injury and obstruction of official duties.

Simple infliction of bodily injury falls under Article 257(1) of the Criminal Act, under which a person who inflicts bodily injury on another may be punished by imprisonment for not more than seven years, suspension of qualifications for not more than ten years, or a fine of not more than ten million won.

There are no limits on the means or methods of inflicting bodily injury, so not only direct physical force but also intangible methods, such as psychological harm caused by verbal abuse or threats and infection with a sexually transmitted disease, may all constitute bodily injury, which calls for caution.

Obstruction of official duties falls under Article 136 of the Criminal Act, under which a person who uses violence or intimidation against a public official engaged in the performance of duties may be punished by imprisonment for not more than five years or a fine of not more than ten million won.

In particular, for obstruction of official duties to be committed, an 'active act' sufficient to obstruct the lawful official duties of a public official is required.

No purpose of obstructing the performance of official duties is required, and because there is no separate provision punishing attempts, if the violence or intimidation creates an abstract risk of obstructing official duties, it is punished as a completed offense without exception, which calls for caution.

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Punishment for Obstruction of Official Duties: What Are the Types and Sentencing Levels for Simple and Special Obstruction?

The Issues in the Case

We asked the Busan criminal attorney about the issues in this case.

Attorney, what were the issues in this case?

Busan attorney: Yes, because the client in this case faced charges of infliction of bodily injury and obstruction of official duties and there was a victim, it was important to provide assistance favorable to the court's sentencing determination.


Attorney, how do you plan to provide assistance?

Busan attorney: Yes, it is necessary to present whether a settlement has been reached with the victim, the efforts made toward settlement, and the client's psychiatric history.


3. Busan Attorney | The Defense

The Busan attorney conducted the defense as follows in order to assist the client.

No Prior Convictions for the Same Type of Offense

The client was a first-time offender with no prior convictions for the same type of offense and had generally lived as a law-abiding citizen.

The attorney emphasized that the client had used violence in a momentary outburst of emotion and that it was not planned or intended in advance.

In particular, the attorney persuasively conveyed to the court that the client, who generally has a gentle disposition, had acted impulsively while intoxicated, highlighting the low likelihood of reoffending.

Suffering From Alcohol-Related Psychiatric Illness

At the time of the incident, the client had lost his judgment and self-control due to chronic alcohol dependence.

A medical certificate submitted by the client's attending physician stated that an alcohol-related psychiatric illness had affected the incident.

The defense submitted to the court that the client had begun professional treatment after the incident and had put in place a plan for continued treatment and management to prevent a recurrence.

The attorney also emphasized that the client recognized his own problem and showed a willingness to improve, using this as grounds for mitigation of the sentence.

Efforts Toward the Victim's Recovery

After the incident, the client conveyed a sincere apology to the victim and sought reconciliation, and he actively worked toward recovery of the harm, including monetary compensation and medical expenses.

In connection with the obstruction of official duties charge as well, the client courteously apologized to the officer and asked for leniency, and the officer likewise acknowledged the client's remorse and willingness to improve.

The Busan criminal attorney strongly presented in court the client's efforts and remorseful attitude, making clear that the client had devoted himself fully to the victim's recovery.

4. Busan Attorney | Case Result: The Client Received a Suspended Sentence

As a result of the Busan attorney's best efforts to provide assistance favorable to the court's sentencing determination, the client avoided a prison term and obtained a judgment of a suspended sentence.

The court issued a judgment of a suspended sentence, citing that the client showed deep remorse, that he had committed the offense impulsively while intoxicated, and that he had deposited money with an official depository for the victims.

The client resolved to the Busan criminal attorney that he would quit drinking and live as a model citizen so that such an incident would never happen again.

If you are at risk of a criminal record after becoming embroiled in an assault dispute, as in this case, seeking the assistance of a Busan criminal attorney is recommended.

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How to Request a Consultation With a Busan Attorney?

부산변호사 | 부산형사변호사, 상해 및 공무집행방해 혐의 의뢰인 집행유예 마무리

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.

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