Obstruction of Official Duties Attorney | Obstruction of Official Duties Attorney Assists a Client, Suspended Sentence

The punishment for the crime of obstruction of official duties, an offense set out in Article 136 of the Criminal Act, is as follows.

In addition, the Criminal Act also punishes the crime of special obstruction of official duties.

The elements of the crime of obstruction of official duties are as follows.

The crime of obstruction of official duties may be subject to heavier punishment if there is a prior record of punishment for similar offenses such as assault or bodily injury.

The obstruction of official duties attorney argued that the client had lived for decades as the head of a household, being the father of two daughters and a dependable husband to a wife.

The attorney further argued that the client had performed regular community service for more than ten years and had deeply considered and practiced the value of giving back to society through donations and other means, that this offense had occurred on a sudden impulse, and that the client was sincerely and deeply reflecting on having committed a crime very different from his usual character.

The attorney requested leniency on this one occasion, on the ground that if the client received a sentence above a certain level due to this matter, he would suddenly suffer disadvantages at work and reach a situation in which he could not support his family.

The obstruction of official duties attorney argued that the client, being under more excessive workload stress than usual because it was the end of the year, was physically and mentally exhausted, and that, having drunk excessively in that situation, he committed the offense in an unusual manner contrary to his usually gentle character.

The obstruction of official duties attorney argued that the client admits all of the facts of the offense, has fallen into self-reproach over having committed an offense he himself could not even have imagined, and is deeply reflecting.

The obstruction of official duties attorney argued that the client, after being sentenced to a minor fine for drunk driving some decades ago, resolved never again to cause alcohol-related problems and never once caused a problem thereafter, but that, with this offense, he is reproaching himself over the fact that the decades of effort he had firmly maintained came to nothing in an instant.

The attorney also submitted a written statement of reflection handwritten by the client and a petition for leniency submitted by the client's wife, requesting leniency.

The obstruction of official duties attorney assisted the client so that, within limits that would not cause secondary harm to the victim, the client cautiously made contact, and when an opportunity to meet arose, was able to offer a sincere apology.

In addition, the obstruction of official duties attorney requested leniency, citing the fact that the victim, taking into account the client's sincere apology and his diligent and law-abiding life, gave him one chance and expressed an intention not to seek punishment.