CONTENTS
- 1. The Client Who Sought Assistance with Destruction of Property
- - The Client Facing Penalties for Destruction of Property
- 2. A Closer Look at the Penalties for Destruction of Property
- - Summary of the Penalties for Destruction of Property
- 3. Case Resolution Strategy for Destruction of Property
- - Destruction of Property Penalty Assistance ① The Victim's Statement of No Wish for Punishment
- - Destruction of Property Penalty Assistance ② Efforts to Prevent Reoffending
- 4. Result of the Destruction of Property Case Assistance: “Suspended Sentence”
- - If You Face Penalties for Destruction of Property
1. The Client Who Sought Assistance with Destruction of Property
This is a case in which a client who came regarding a charge of destruction of property was placed in jeopardy after being implicated in multiple charges, including destruction of property, but received the assistance of a criminal attorney and was sentenced to a ‘suspended sentence.’
The Client Facing Penalties for Destruction of Property
The detailed account of the client booked on charges of destruction of property and other offenses is as follows.
While arguing with a friend at a bar, the client, unable to control his emotions, threw the friend's mobile phone to the floor and damaged it.
As the situation escalated, a bar employee who was watching reported it to the police, and the police who responded to the scene restrained the client's conduct.
However, unable to overcome his anger, the client engaged in additional violence by striking the police officer in the face and inflicting bodily injury requiring two weeks of treatment.
The client, who had a record of being punished several times for violent crimes in the past, was placed in a situation where an actual custodial sentence was unavoidable as a result of this case.
Booked on charges of 🔗destruction of property, 🔗obstruction of official duties, and 🔗infliction of bodily injury, the client requested assistance from Daeryun in order to reduce the sentence as much as possible.
2. A Closer Look at the Penalties for Destruction of Property
The client, who was booked on charges of destruction of property, obstruction of official duties, and infliction of bodily injury, came to Daeryun seeking to conclude the case with a suspended sentence.
We will examine in detail what each crime is and what the level of punishment is for each.
Summary of the Penalties for Destruction of Property
A person who damages or conceals another person's property, document, or special medium record such as an electromagnetic record, thereby impairing its utility, may be subject to the following punishment.
▶ Article 366 of the Criminal Act
Destruction of property, etc. | Imprisonment for not more than 3 years or a fine not exceeding 7 million won |
A person who assaults or intimidates a public official engaged in the performance of his or her duties may be subject to the following punishment.
▶ Article 136 of the Criminal Act
Obstruction of official duties | Imprisonment for not more than 5 years or a fine not exceeding 10 million won |
A person who inflicts bodily injury on another person may be subject to the following punishment.
▶ Article 257 of the Criminal Act
Bodily injury | Imprisonment for not more than 7 years, suspension of qualifications for not more than 10 years, or a fine not exceeding 10 million won |
Bodily injury against a lineal ascendant | Imprisonment for not more than 10 years or a fine not exceeding 15 million won |
3. Case Resolution Strategy for Destruction of Property
The criminal attorney formed a task force and closely reviewed the favorable and unfavorable circumstances of the matter.
On this basis, the attorney established a tailored strategy and made the following arguments.
Destruction of Property Penalty Assistance ① The Victim's Statement of No Wish for Punishment
The client acknowledged all of his criminal acts, deeply reflected on them, and personally visited the victim and the injured police officer to sincerely apologize.
The client also made efforts toward recovery of the harm, fully compensating the victim and reaching an amicable settlement, and compensating the injured police officer for medical expenses.
On this basis, it was emphasized that the victims had forgiven the client and expressed their intention not to seek punishment.
Destruction of Property Penalty Assistance ② Efforts to Prevent Reoffending
After this incident, the client began receiving hospital treatment in order not to repeat the same wrongdoing.
During the course of treatment, the client is continuing efforts to accurately confront his own problem and identify its cause.
The attorney emphasized that the client pledged to abstain from alcohol in order to improve his lifestyle habits, and that his social bonds were strong, so the risk of reoffending was low.
4. Result of the Destruction of Property Case Assistance: “Suspended Sentence”
The court, accepting the criminal attorney's argument, rendered a judgment stating, 'The defendant shall be sentenced to one year and two months of imprisonment. However, execution of the above sentence shall be suspended for three years from the date this judgment becomes final.'
The client, whose case concluded with a suspended sentence, expressed deep gratitude for the criminal attorney's systematic assistance.
If You Face Penalties for Destruction of Property
As in the case above, if you are involved in multiple criminal charges, the matter becomes more complex, so it may be advantageous to receive the assistance of a 🔗criminal attorney.
At Daeryun, specialized attorneys with a deep understanding of criminal cases provide tailored legal services and resolve cases promptly.
In addition, Daeryun provides comprehensive assistance, including reviewing legal risks that may arise after a case concludes and providing follow-up management services.
If you need the assistance of a specialized attorney in a situation similar to the case above, please entrust your case through a 🔗legal consultation reservation.
Related News
Watch related video content
for this case study.
What if there is a charge of obstruction of official duties?
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.
