Busan Criminal Attorney Assistance | Assisting a Client Who Obstructed Police Official Duties and Obtaining a Suspended Sentence

2025.01.07박동일

The client of the Busan criminal attorney was booked on charges of swearing at and shoving a police officer while intoxicated, and in seeking assistance, the client looked for an attorney with extensive criminal litigation experience and came to the Busan office.

1. Background of the Client

The client of the Busan criminal attorney had been booked for obstruction of official duties after swearing at and assaulting a police officer who was dispatched in response to a report that the client was causing a disturbance while intoxicated.

The client came to the Busan criminal attorney to defend against punishment as much as possible.

The Account of the Client the Busan Criminal Attorney Met

The client had recently been suddenly transferred to another region by their workplace and was under severe stress.

On the day of the incident, the client explained that they drank with acquaintances to relieve stress, drank to excess, and then stepped out to a convenience store for some air, where they got into an argument with the convenience store owner.

The convenience store owner then reported to the police that the client was causing a disturbance, and the client, still intoxicated, swore at the officer who was dispatched, grabbed him by the collar, shoved him, and engaged in similar conduct.

As a result, the client was booked by the police for obstruction of official duties and, facing criminal punishment, came to the Busan criminal attorney hoping to avoid an actual prison term at the very least.

2. Case-Related Information Provided by the Busan Criminal Attorney

As in the client's case, if a public official is lawfully performing official duties and a person obstructs this through force, such as assault or intimidation, the offense of obstruction of official duties is committed and the person may be punished.

Obstruction of official duties most often arises in connection with the obstruction of the duties of public officials such as correctional officers, police officers, and firefighters.

In particular, as in the client's case, obstructing the lawful arrest and investigation process of a police officer through assault or resistance is the most common example of obstruction of official duties.

If a person is punished for obstruction of official duties, the following provision applies.

Criminal Act Article 136 (Obstruction of Official Duties)
(1) A person who assaults or intimidates a public official engaged in the performance of duties shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
(2) The same punishment as in the preceding paragraph shall apply to a person who assaults or intimidates a public official with the intent to compel or obstruct the official in the performance of an act relating to their duties, or to make the official resign from office.

Although obstruction of official duties may appear to be a simple offense, it is a serious offense that undermines the establishment of the national legal order, and the punishment is often heavy.

If you have been criminally booked for obstruction of official duties, the sentence may vary depending on the existence of evidence, criminal deposit, admission of the charges, and remorse, so seeking appropriate advice from an attorney experienced in criminal matters can be helpful.

🔗If You Would Like to Learn More About Obstruction of Official Duties

3. The Busan Criminal Attorney's Assistance to the Client

The Busan criminal attorney closely examined the circumstances of the case, the client's current situation, and the evidence related to the case, and mounted a defense to mitigate the punishment as much as possible.

The Busan Criminal Attorney's Defense ① Admission of the Charges and Remorse

After sobering up, the client heard about the incident and immediately went to the police station, apologized to the officers involved, and confessed to all of the conduct.

The Busan criminal attorney emphasized that the client did not turn away from the facts of the offense, showed deep remorse, and conveyed a sincere apology to the harmed officers, and requested that this be taken into account in sentencing.

The Busan Criminal Attorney's Defense ② No Prior Offenses of the Same Kind

The client originally did not even enjoy drinking and was a law-abiding citizen who had never received a similar criminal punishment or harmed anyone while intoxicated.

The Busan criminal attorney argued that the fact that the client had no prior offenses of the same kind should be taken into account in sentencing.

4. The Result of the Busan Criminal Attorney's Assistance: “Suspended Sentence”

Accepting the Busan criminal attorney's arguments, the court issued a suspended sentence, holding, “The defendant is sentenced to six months of imprisonment. However, the execution of the above sentence is suspended for two years from the date this judgment becomes final.”

As in the client's case, if a person has committed obstruction of official duties, simply asserting a claim such as ‘diminished mental capacity’ may instead work unfavorably in the judgment.

For this reason, it is important to receive advice from an attorney experienced in related cases, closely grasp the full context of the situation, and then establish an appropriate strategy.

Daeryun Law Firm has attorneys with more than twenty years of experience, so you can receive close assistance through a 🔗Attorney Recommendation.

If you need help, we invite you to receive a consultation at any time through a 🔗Legal Consultation Booking.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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