[Mokpo Criminal Litigation Attorney Assistance Case] Mokpo Criminal Litigation Attorney Obtains a Suspended Sentence for a Client Reoffending in Obstruction of Official Duties

This is the case of a client who requested a consultation on criminal litigation with the attorney at the Mokpo office.

While drinking with a friend he had not seen in some time, the client was reported for causing a drunken disturbance.

The police who came to the scene asked the client to present his identification.

The client reportedly refused, screamed, and disturbed those around him.

He was ultimately arrested in the act and, while being held at the local police substation, injured an officer's elbow.

Having a prior conviction for the same type of offense, the client was placed at risk of an actual custodial sentence, and in order to avoid such a sentence, he requested the assistance of the criminal litigation attorney at the Mokpo office.

Criminal Act Article 136 (Obstruction of Official Duties)

(1) A person who commits assault or intimidation against a public official engaged in the performance of his or her duties shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.

(2) The same punishment as in the preceding paragraph shall apply to a person who commits assault or intimidation against a public official for the purpose of compelling or obstructing the performance of an act within his or her duties, or of causing the official to resign from office.

Criminal Act Article 137 (Obstruction of Official Duties by Deceit)

A person who obstructs the performance of a public official's duties by deceit shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.

Criminal Act Article 144 (Special Obstruction of Official Duties)

(1) Where a person commits the crimes under Article 136, Article 138, and Articles 140 through the preceding Article by displaying the power of an organization or a crowd or by carrying a dangerous object, the punishment prescribed in each Article shall be aggravated by up to one half.

(2) A person who commits a crime under paragraph (1) and thereby causes injury to a public official shall be punished by imprisonment for a definite term of not less than 3 years. Where the official is caused to die, the person shall be punished by life imprisonment or imprisonment for not less than 5 years.

Counsel argued that the criminal conduct committed by the client did not arise from any plan but occurred on impulse.

The client acknowledges the fact of his offense and is currently deeply remorseful.

Counsel also argued that the client was showing remorse, including by personally visiting the injured officer to convey an apology.

Counsel argued that the client was making efforts to prevent reoffending, including by abstaining from alcohol and undergoing alcohol treatment counseling.

The case above involved a client who, while having a prior conviction for the same type of offense, again committed the crime of obstruction of official duties and faced criminal punishment, and who was sentenced to a suspended sentence.

With the assistance of the criminal litigation attorney at the Mokpo office, the client was able to avoid an actual custodial sentence.

To avoid a heavy sentence, it may be advisable to obtain the assistance of an attorney with extensive experience in criminal litigation.

If, like the case above, you are facing criminal litigation, please feel free at any time to entrust your case to the Mokpo criminal litigation attorney at Daeryun Law Firm.