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Deals & Cases

Special obstruction of official duties

[Assistance Provided Through the Jinju Attorney Consultation] A Client Who Received the Jinju Attorney Consultation Was Given a Suspended Sentence for Special Obstruction of Official Duties

The client who came to the Jinju Attorney Consultation, while being prosecuted on a charge of special obstruction of official duties, consulted with an attorney at the Jinju office.

CONTENTS
  • 1. How the Client Came to the Jinju Attorney Consultation
    • - The Details of the Client's Case Learned Through the Jinju Attorney Consultation
    • - Statutes Related to the Case Explained at the Jinju Attorney Consultation
  • 2. Assistance Provided Through the Jinju Attorney Consultation
    • - The First Form of Assistance From the Jinju Attorney Consultation
    • - The Second Form of Assistance From the Jinju Attorney Consultation
    • - The Third Form of Assistance From the Jinju Attorney Consultation
  • 3. Through the Assistance of the Jinju Attorney Consultation, the Client Received a “Suspended Sentence”

1. How the Client Came to the Jinju Attorney Consultation

The client who received the Jinju Attorney Consultation was prosecuted for special obstruction of official duties on a charge of having obstructed the police in the performance of their official duties while carrying a dangerous object.

The client then booked the Jinju Attorney Consultation in order to defend against the punishment.

The Details of the Client's Case Learned Through the Jinju Attorney Consultation

This is the client's case as learned through the Jinju Attorney Consultation.

The client was resting at a pension with family over the weekend.

While resting, the client heard inter-floor noise from the floor above.

The client, who had ordinarily been suffering from inter-floor noise, became angry because the inter-floor noise was also severe at the pension to which the client had gone to rest, and shouted in protest at the person on the floor above.

The client then approached the police who arrived at the scene and threatened them while holding a knife.

Out of anger, the client engaged in conduct that should never be done, and, reflecting on the client's own conduct, came to Daeryun's Jinju Attorney Consultation center.

Statutes Related to the Case Explained at the Jinju Attorney Consultation

These are the statutes related to the crime of special obstruction of official duties explained at the Jinju Attorney Consultation.

Article 136 (Obstruction of Official Duties)

1. A person who assaults or threatens a public official engaged in the performance of official duties is subject to imprisonment of up to five years or a fine of up to 10 million won.

2. The same penalty as in the preceding paragraph applies to a person who assaults or threatens a public official for the purpose of compelling the performance or omission of an act in the official's duties, or of causing the official to resign from the position.

Criminal Act Article 137

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

imprisonment of up to five years or a fine of up to 10 million won

Criminal Act Article 144 (Special Obstruction of Official Duties)

1. Where a person commits an offense under Article 136, Article 138, or Articles 140 through the preceding Article by displaying the power of an organization or a group, or by carrying a dangerous object, the sentence prescribed in the respective Article is increased by up to one half.

2. Where a person commits an offense under paragraph (1) and thereby causes injury to a public official, the person is subject to imprisonment for a definite term of at least three years. Where the person causes death, the person is subject to life imprisonment or imprisonment for at least five years.

2. Assistance Provided Through the Jinju Attorney Consultation

To obtain a suspended sentence for the client through the Jinju Attorney Consultation, the Jinju attorney communicated with the client in real time, gathered materials that could be applied favorably, and argued the following grounds for a reduced sentence.

The First Form of Assistance From the Jinju Attorney Consultation

After the Jinju Attorney Consultation, the attorney at Daeryun emphasized the client's attitude of remorse.

The client blames the client's own self and regrets having committed a serious wrong through reckless conduct and the fact that the victims are suffering.

It was emphasized that the client is resolved not to repeat the same wrong.

The Second Form of Assistance From the Jinju Attorney Consultation

After the Jinju Attorney Consultation, the attorney at Daeryun emphasized the client's difficult family circumstances.

The client had been supporting and living together with the client's mother, but as the client was detained due to this unexpected case, the client's mother now lives alone and spends each day in anxiety.

It was argued that, if the client were to receive a sentence of imprisonment as a result of this case, the mother would be left alone in difficult economic circumstances and would be in a position where she could hardly bear the client's absence.

The Third Form of Assistance From the Jinju Attorney Consultation

After the Jinju Attorney Consultation, the attorney at Daeryun submitted letters of appeal from the client's acquaintances.

It was argued that not only the client's family but also coworkers and acquaintances had written letters of appeal seeking leniency for the client.

3. Through the Assistance of the Jinju Attorney Consultation, the Client Received a “Suspended Sentence”

Accepting the argument of the Jinju Attorney Consultation, the court issued the following judgment for the client: “The defendant is sentenced to imprisonment for one year. However, the execution of the sentence is suspended for two years from the date this judgment becomes final.

Because the crime of obstruction of official duties is treated strictly as conduct that disregards public authority, a person involved in such a charge may be sentenced to imprisonment.

In cases such as this, the course of the case is determined by how the initial response is handled, so a prompt response can be most important.

If you need help in a situation similar to the case above, you may turn to the Jinju Attorney Consultation at Daeryun Law Firm, which has varied experience and accumulated knowledge.

[진주변호사상담의 조력사항] 진주변호사상담 받은 의뢰인, 특수공무집행방해 집행유예 선고

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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