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Obstruction of Official Duties
Obstruction of Official DutiesSuspended Sentence

Seosan Criminal Attorney | A Client Charged With Obstruction of Official Duties Avoided Imprisonment With a Suspended Sentence

A Seosan criminal attorney defended a client who was charged with obstructing a police officer's official duties. With the Seosan criminal attorney's defense, the client received a suspended sentence and successfully avoided a custodial sentence.

1. The Client Who Sought a Seosan Criminal Attorney

This is the situation of the client who sought the assistance of a Seosan criminal attorney.

The client explained that he was at risk of a custodial sentence on a charge of obstruction of official duties for having obstructed a police officer's official duties, and sought assistance in defending against a custodial sentence.

The facts of the offense as recounted by the client to the Seosan criminal attorney were as follows.

The client said he had his hair cut at a hair salon on the day of the incident, and the result came out completely different from the style he had in mind.

Angered by this, the client confronted the hairdresser, and one of the salon staff reported him to the police, saying that “a strange person is causing a disturbance at the salon.”

When the police officer who responded asked the client about the circumstances of the disturbance, the client could not contain his anger and swore at the officer as well, even swinging his arm as if to strike.

The officer tried to arrest the client in the act for obstruction of official duties, but he continued to resist, and as a result the client came to face this case on a charge of obstruction of official duties.

2. Obstruction of Official Duties, Explained by the Seosan Criminal Attorney

Seosan Criminal Attorney

The client came to face the risk of a custodial sentence in this case on a charge of obstruction of official duties.

Obstruction of official duties refers to the crime of assaulting or intimidating a public official who is performing official duties.

Here, a public official refers to any person engaged in service for the State, a local government, or a public corporation equivalent thereto,

and correctional officers, police and firefighting officials, and other officials involved in enforcement, as well as local government officials in charge of public-service desks, are often the targets of obstruction of official duties.

The Level of Punishment for Obstruction of Official Duties, Explained by the Seosan Criminal Attorney

The client was at risk of receiving the following level of punishment for 🔗obstruction of official duties.

Article 136 (Obstruction of Official Duties) of the Criminal Act (1) A person who assaults or intimidates a public official engaged in the performance of official duties shall be punished by imprisonment of up to 5 years or a fine of up to 10 million won.

3. The Defense Undertaken by the Seosan Criminal Attorney

The Seosan criminal attorney undertook the following defense in order to defend against the client's custodial sentence.

Seosan Criminal Attorney: “The Client Was Severely Intoxicated on the Day of the Incident”

The attorney emphasized that the client had been severely intoxicated on the day of the incident.

The client suffered from alcohol dependence, drinking to the point where rational self-control was difficult.

On the day of the incident as well, the client committed this offense while severely intoxicated.

Seosan Criminal Attorney: “The Client Is Working to Prevent Reoffending”

The attorney emphasized that the client was working to prevent reoffending.

The client came to understand that treating the alcohol dependence at the root of this offense would help avoid reoffending.

To avoid committing such an offense again, the client voluntarily admitted himself to a psychiatric hospital for treatment.

He has also resolved to continue visiting a psychiatrist for counseling and treatment whenever necessary going forward.

4. The Judgment Obtained for the Client by the Seosan Criminal Attorney

After reviewing the facts of the case, the court imposed a suspended sentence on the client.

Because the client had interfered with the duties of a police officer who was performing official duties, a severe punishment was anticipated under the Criminal Act,

but the attorney took on the defense and assisted with the client's case, making it possible to avoid an actual custodial sentence through a suspended sentence.

Mitigating Factors for Obstruction of Official Duties Explained by the Seosan Criminal Attorney

If you are facing a charge of obstruction of official duties, as in this case, a prompt response is needed.

According to the Sentencing Commission, the factors that may serve to mitigate a charge of obstruction of official duties are as follows.

If the degree of assault, intimidation, deceit, or obstruction of duties is minor

If the motive for the offense is worthy of consideration

If the offense was committed in a state of mental weakness

If there is no prior record of criminal punishment

If the victim does not wish for punishment or has substantially recovered from the harm

If you are facing a charge of obstruction of official duties, obtaining a 🔗attorney referral and presenting your position based on the mitigating factors for obstruction of official duties can be helpful in receiving a reduced sentence.

If needed, please feel free to request a consultation with a Seosan attorney at any time.

서산형사전문변호사 | 공무집행방해 의뢰인, 집행유예로 실형 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.

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