Anyang Attorney's Assistance | Suspended Sentence for Special Obstruction of Official Duties and Special Destruction of Property

The account of the client who came to the Anyang attorney seeking assistance is as follows.

The client, who was intoxicated, went to the front of the home of a neighbor with whom he had frequently quarreled.

He called out to the neighbor in order to vent the feelings of discomfort he had harbored, but when the neighbor became displeased, the client grew angry and struck the gate with a golf club, destroying it.

A neighbor who witnessed this reported the client to the police, and the police arrived at the scene shortly thereafter.

When the police called out several times to the client, who had gone into the house, and knocked on the window, the client grew angry and swung the golf club, assaulting the police officer.

Booked on charges of special 🔗obstruction of official duties and special destruction of property, the client faced the risk of severe punishment.

He came to Daeryun seeking to proceed with the case alongside an experienced attorney and to reduce the sentence as much as possible.

The crime of special obstruction of official duties refers to an offense that is established when a person, while displaying the power of a group or multitude or while carrying a dangerous object, assaults or intimidates a public official who is performing official duties.

Special 🔗destruction of property refers to an offense that, while displaying the power of a group or multitude or while carrying a dangerous object, impairs the utility of another person’s property by means of destruction, concealment, or the like.

If this charge is established, punishment may be imposed under the following provisions.

Criminal Act Article 144 (Special Obstruction of Official Duties)

① When a person commits the crime of obstruction of official duties while displaying the power of a group or multitude or while carrying a dangerous object, the punishment shall be aggravated by up to one half.

※ Punishment for ordinary obstruction of official duties: imprisonment for not more than 5 years or a fine not exceeding 10 million won

② A person who commits the crime under paragraph (1) and thereby causes injury to a public official shall be punished by imprisonment for a definite term of at least 3 years.

A person who thereby causes death shall be punished by life imprisonment or imprisonment for at least 5 years.

Criminal Act Article 369 (Special Destruction)

① When a person commits the crime of destruction of property while displaying the power of a group or multitude or while carrying a dangerous object, the person shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.

After the incident occurred, the client diligently underwent the investigation by the investigative agency and actively cooperated, including relinquishing ownership of the tools used in the offense.

The client acknowledged all of the facts of his offense and, while deeply regretting it, is sincerely remorseful.

The attorney emphasized that the client had written letters of reflection on several occasions, with a heart of apology toward the victims.

The client is currently in a state requiring ongoing psychiatric treatment and follow-up observation.

The client committed this crime on impulse in a state of weakened ability to discern objects or to make decisions.

The attorney emphasized that the client is firmly resolved to heal the illness through future psychiatric treatment and to live a new life.

That the client obstructed the lawful execution of official duties and destroyed another person's property is clearly wrongful conduct.

However, it was emphasized that no physical harm occurred to the affected police officers and that the economic loss suffered by the victim of the destruction of property was also comparatively minor.

The case above is one in which a client booked on charges of special obstruction of official duties and special destruction of property received a suspended sentence through the assistance of an Anyang attorney.

Depending on the scale and type of a case, Daeryun’s 🔗criminal attorneys form a single team to provide strategic and in-depth legal solutions.

Through a comprehensive response system, it works to guide cases favorably, and even after the conclusion of litigation, it provides follow-up management services and actively protects clients’ rights.

If you need the assistance of an experienced attorney in a situation similar to the case above, please consider entrusting your case through an Anyang attorney 🔗legal consultation booking.