Deals & Cases

Obstruction of official duties
Obstruction of official dutiesSuspended sentence

Assistance of a Daegu Criminal Case Attorney | With the Assistance of a Criminal Case Attorney, a Suspended Sentence for a Client in an Obstruction of Official Duties Case

The client who came to the Daegu criminal case attorney became involved in a criminal case on suspicion of obstruction of official duties and visited the criminal case attorney at the Daegu branch office in order to defend against punishment.

1. How the Client Came to the Daegu Criminal Case Attorney

The client who came to the Daegu criminal case attorney, facing punishment in a criminal case for having obstructed the performance of police duties, visited the Daegu branch office in order to reduce the punishment.

The Client Who Requested Assistance From the Criminal Case Attorney

대구형사사건변호사

The following is the account of a client who sought the assistance of a Daegu criminal defense attorney.

On the day of the incident, the client had been drinking while extremely exhausted after working overtime for three consecutive days.

In that state, the client confused a scene from a film with reality and made a false report to 112, claiming that a child was about to die.

When the police arrived in response to the report, the client committed assault by hurling insults, pushing an officer with both hands, and kicking.

Having 🔗obstructed the lawful performance of the officers' official duties, the client was arrested at the scene and faced trial.

Hoping to avoid an actual custodial sentence, the client came to a Daegu criminal defense attorney and requested assistance.

The Statutes Relevant to the Client's Criminal Case, Explained by the Daegu Attorney

The client was facing a charge of obstruction of official duties.

Obstruction of official duties is punished under Article 136 of the Criminal Act, and the applicable penalties are as follows.

▶ Article 136 of the Criminal Act (Obstruction of Official Duties)

(1) A person who commits assault or intimidation against a public official engaged in the performance of official duties shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
(2) The same penalty as set forth in the preceding paragraph shall apply to a person who commits assault or intimidation against a public official for the purpose of compelling the official to perform or refrain from an act relating to the official's duties, or of forcing the official to resign.

If a public official engaged in the performance of official duties is assaulted by a group or assaulted with a dangerous object such as a weapon, the charge of special obstruction of official duties applies, resulting in aggravated punishment.

The penalties for special obstruction of official duties are as follows.

▶ Article 144 of the Criminal Act (Special Obstruction of Official Duties)

(1) When a person commits any of the crimes prescribed in Article 136, Article 138, and Articles 140 through the preceding Article by displaying the collective or massed force of a group, or by carrying a dangerous object, the penalty prescribed in each Article shall be increased by up to one half.
(2) When a person commits any of the crimes under paragraph (1) and thereby causes injury to a public official, the person shall be punished by imprisonment for a definite term of at least three years. When the person causes death, the punishment shall be life imprisonment or imprisonment for at least five years.

2. The Assistance Provided by the Daegu Criminal Case Attorney

The Daegu criminal defense attorney held a consultation with the client and reviewed the case.

The attorney then worked together with an experienced attorney specializing in criminal cases to gather sentencing factors and develop a strategy aimed at mitigation.

The defense earnestly sought leniency on the following grounds.

Daegu Attorney, Emphasizing the Client's Condition

After taking cold medicine while physically exhausted from working overtime on consecutive days, the client consumed alcohol and retains almost no memory of the situation at the time.

The client did not recognize that the responding officers were police, but rather perceived the situation as dangerous and attempted to defend themselves, which led to the offense in this case.

The defense therefore emphasized that the client did not commit the offense intentionally, out of any hostility toward or wariness of the police.

Daegu Attorney, Emphasizing the Client's Remorse

The client deeply regrets the offense and is filled with self-reproach.

In addition, the client wrote a letter of reflection, pledging to abstain from alcohol and not to repeat the same mistake.

The defense emphasized that the client's anxiety and depression resulting from self-reproach had worsened to the point where family members felt uneasy leaving the client alone, and that the client was receiving psychiatric treatment.

Daegu Attorney, Emphasizing the Complete Absence of a Prior Record of Punishment

The client had no record of any prior criminal punishment before this case.

In addition, the defense emphasized that the client had offered an apology to the injured officer and had made a deposit with the court in the criminal proceedings.

3. With the Assistance of the Daegu Criminal Case Attorney, a “Suspended Sentence”

Accepting the arguments of the Daegu criminal defense attorney, the court rendered the following judgment: "The defendant is sentenced to six months of imprisonment. However, the execution of the said sentence is suspended for a period of two years from the date this judgment becomes final."

If You Are Charged With Obstruction of Official Duties

The case above concerned a client who assaulted a police officer but obtained a reduced sentence with the assistance of a Daegu criminal defense attorney.

A charge of obstruction of official duties is a serious offense that can result in a substantial fine or an actual custodial sentence, so it is advisable to work with an attorney experienced in criminal matters.

At Daeryun LLC, 🔗experienced attorneys with an average of more than twenty years of practice provide systematic and strategic assistance with clients' cases.

If you require legal assistance in a situation similar to the case above, you are welcome to entrust your case to a Daegu criminal defense attorney at Daeryun LLC.

대구형사사건변호사

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.

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