Custodial Sentence for Obstruction of Official Duties | At Risk of a Custodial Sentence Due to the Prosecutor's Appeal, the Fine Was Maintained

This is the account of a client who requested an urgent response upon facing the risk of an actual custodial sentence for obstruction of official duties.

The client says that on the day of the incident the client drank more than usual and had a dispute with the spouse.

While this was happening, a police officer was dispatched following a report from the downstairs neighbor, and the client strongly refused the on-site investigation.

In response, the police officer entered the client's residence, advising that an administrative fine could be imposed for refusing an on-site investigation.

As the police officer approached the children, the client became afraid that the children might be taken away, and so shouted not to take the children and used abusive language.

In addition, the client rushed at one of the police officers and assaulted the officer by pushing with both hands.

The client was therefore indicted for obstruction of official duties on the ground of having obstructed the lawful performance of the police officer's duties.

🔗Obstruction of official duties is a crime prescribed in Article 136 of the Criminal Act, and refers to the act of obstructing, by assault or intimidation, a public official's lawful performance of duties.

Here, a public official includes not only a person who handles the affairs of the State or a local government, but also a person who performs public duties entrusted under statute.

The performance of duties must be lawful, and where the performance of duties is unlawful or exceeds authority, the crime of obstruction of official duties is not established.

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

An actual sentence for obstruction of official duties may be imposed up to a maximum of 5 years, and the sentencing varies depending on the degree of the assault or intimidation, the circumstances of the harm, the background of the offense, and the like.

This firm formulated the following strategy in order to respond to the actual custodial sentence for obstruction of official duties.

This firm’s criminal attorney assisted with the case using the above response strategy and requested that the prosecutor’s appeal be dismissed on the ground that the appeal, claiming the sentence of the first instance was too light, was without merit.

As a result of the criminal attorney’s response, the court dismissed the prosecutor’s appeal and issued a judgment maintaining the minor fine imposed by the first instance.

The client had been at risk of receiving an actual sentence for obstruction of official duties due to the prosecutor’s appeal, but because of the criminal attorney’s prompt response, it was possible to avoid an actual sentence.

Obstruction of official duties is a crime for which punishment is prescribed in order to maintain social order and protect the official authority of public officials, and a heavy level of punishment may be imposed.

In addition, other crimes such as assault, intimidation, and infliction of bodily injury may also apply and be punished together, so caution is needed.

If, like the client in this case, you are facing the risk of an actual sentence for obstruction of official duties, please proceed with a 🔗legal consultation reservation, where direct consultation with an attorney is available.