Uijeongbu criminal defense attorney's assistance | The Uijeongbu criminal defense attorney defended a client charged with obstruction of official duties, obtaining a suspended sentence

2024.09.10박동일

The client who came to the Uijeongbu criminal attorney was booked for the crime of obstruction of official duties, and seeking to avoid only an immediate custodial sentence with the assistance of a specialist attorney, requested a consultation with the criminal attorney of the Uijeongbu office.

1. The client who came to the Uijeongbu criminal defense attorney

The client who came to the Uijeongbu criminal attorney, seeking to avoid an immediate custodial sentence and to receive a suspended sentence with the help of a specialist attorney, requested the assistance of the criminal attorney of the Uijeongbu office.

How the client came to the Uijeongbu criminal defense attorney

The client in this case had a drinking gathering with friends whom the client had not met in a long time.

The client kept drinking while talking with the friends, and before long they became heavily intoxicated.

A few hours later, the client, who had come out of the restaurant to go home, bumped shoulders with a passing person and got into a quarrel.

The minor verbal dispute soon escalated into a physical scuffle, and the police, who responded after receiving a report, arrived at the scene.

When a police officer asked the client to go home, the client became angry, thinking that the police were disregarding the client.

The client then caused a disturbance, blocking the front of the patrol car so that it could not operate, and lying down underneath the patrol car.

Furthermore, the client struck the police officer's chest area several times, obstructing the police officer's lawful execution of duties.

The client had a record of being punished several times for the same type of crime and was in a very unfavorable situation.

🔗Obstruction of official duties, in which the client was involved, the client came to the Uijeongbu criminal attorney to avoid only an immediate custodial sentence with the assistance of a specialist attorney.

2. Statutes relevant to the case explained by the Uijeongbu criminal defense attorney

Article 136 (Obstruction of Official Duties)

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

② A person who commits assault or intimidation against a public official for the purpose of compelling or obstructing the performance of an act within the scope of the official's duties, or causing the official to resign from the position, shall also be punished by the same penalty as in the preceding paragraph.

Article 144 (Special Obstruction of Official Duties)

① When the crimes under Article 136, Article 138, and Articles 140 through the preceding Article are committed by displaying the collective power of an organization or a multitude, or by carrying a dangerous object, the penalty prescribed in each respective Article shall be aggravated by up to one half.

② When a person commits the crime under paragraph (1) and thereby causes injury to a public official, the person shall be punished by imprisonment with labor for a definite term of not less than 3 years. When the person causes death, the person shall be punished by life imprisonment or imprisonment with labor for not less than 5 years.

3. The assistance provided by the Uijeongbu criminal defense attorney

In the client's case, the Uijeongbu criminal attorney prepared a systematic response in order to avoid an immediate custodial sentence and to receive a suspended sentence.

The Uijeongbu criminal attorney presented a pleading, arguing the following.

The Uijeongbu criminal defense attorney argued that the client deeply reflected on the offense

The client fully acknowledged and confessed to the facts of the offense, and is deeply repentant.

The attorney emphasized that the client, far from being able to feel gratitude toward the police officers, feels great guilt and is deeply repentant about having obstructed the performance of duties while heavily intoxicated.

The Uijeongbu criminal defense attorney argued that the client had made a criminal deposit

Immediately after the incident, the client went to the police substation and bowed in apology to the police officers who were harmed.

The attorney emphasized that, although a settlement could not be reached because the harmed police officer refused to meet, the client made efforts toward the recovery of the harmed police officer by carrying out a criminal deposit with an official depository.

Uijeongbu Criminal Defense Attorney: Arguing that the Client Was Abstaining from Alcohol to Prevent Reoffending

In order not to repeat the same mistake, the client has completely stopped drinking and is firmly resolved to live a diligent life.

In addition, the client's family and acquaintances earnestly pleaded for leniency, emphasizing the hope that leniency would be extended as a final opportunity.

4. The Court's Decision on the Uijeongbu Criminal Defense Attorney's Argument

Accepting the arguments of the Uijeongbu criminal attorney, the court ruled, ‘The defendant is sentenced to ten months of imprisonment with labor. However, the execution of the said sentence is suspended for two years from the date this judgment becomes final.’

5. If You Need the Assistance of a Uijeongbu Criminal Defense Attorney

At Daeryun LLC, criminal law specialist attorneys with experience serving as judges, prosecutors, and police officers jointly handle criminal cases, allowing the firm to respond to criminal matters with greater expertise.

Daeryun LLC responds to cases based on a substantial body of experience.

If you require the assistance of a specialist attorney in a situation similar to the case above, please contact Daeryun LLC, which is available for consultation and prompt response at all hours, every day of the year.

의정부형사변호사 조력 | 의정부형사변호사, 공무집행방해 의뢰인 집행유예 방어

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.