Crimes of Obstruction of the Performance of Official Duties

Home > Sentencing Guidelines > Crimes of Obstruction of the Performance of Official Duties
Promulgated on March 21, 2011, Effective on July 1, 2011

공무집행방해 양형기준
Classification Adverse Affirmative
Primary Consideration
  • Demonstrating the Organization’s
    Power or the Power of the
    Multitude; Otherwise Offense
    Committed While Carrying a
    Dangerous Object
  • Significant Obstruction of Official
  • Premeditated or Repeated Crimes
  • Cases Resulting in Serious Bodily
    Injuries or Death
  • Criminal History of the Same
    Offense (Imposing of Suspension
    of Sentence or More Severe
    Punishment Within Five Years; or
    More Than Three Incidents of Fines
  • Extent of Violence, Threat, or
    Deceptive Means Used is Slight
  • Extent of Performing the Official
    Duties was Excessive or
  • Efforts to Obstruct or Confront the
    Accomplice’s Commission of the
  • No Prior Criminal History
  • Expresses Penitence (Including
    Voluntary Surrender or Confessions,
    Whistle-blowing, and the Like)
General Consideration
  • Two or More Criminal History on
    Suspension of Sentence or for a
    Greater Offense
  • Lack of Social Ties
  • Drug or Alcohol Addiction
  • Absence of Remorse
  • Active Participation as an
  • Destroying Evidence or Attempting
    to Conceal Evidence After
    Commission of the Offense
  • Absence of Efforts to Reverse
  • Strongly-Established Social Ties
  • Voluntary Surrender to Investigative
  • Expresses Sincere Remorse
  • No Criminal History of Suspension
    of Sentence or Imposing of Other
    Sentences More Severe
  • Cases of Old-age Offenders
  • Passive Participation As an
  • Cases of Physically-ill Offenders
  • Cases where the Arrest of the
    Offender would Cause Severe
    Hardship to the Offender’s
    Dependent Family Member
    • In cases where the consideration factors for suspension of sentence of sentencing and the sentencing factors are identical, refer to the definitions set forth in the Definition of Sentencing Factors.
    • Determining Criminal History
      • Prior criminal history is calculated as follows: In cases involving suspension of sentence, calculate from the date the defendant’s suspension of sentence was affirmed up to the date of the commission of the offense. In cases imposing imprisonment, calculate from the final date of the completion of the sentence up to the date of the commission of the offense.
    • For cases where the imposing penalty is imprisonment, in deciding whether the suspension of sentence is appropriate, the primary consideration factor should be taken into account with greater importance than the general consideration factors. This is further specified as follows:
      1. ① In cases where only two or more primary affirmative factors exist or when primary affirmative factors outnumber the major adverse factor by two or more, suspension of sentence is recommended.
      2. ② In cases where two or more primary adverse factors exist or when primary adverse factors outnumber the primary affirmative factor by two or more, imprisonment is recommended.
      3. ③ In cases other than ①, ②, or even if cases of ①, ②, if the difference between the number of general adverse (affirmative) factors and general affirmative (adverse) factors is greater than that of adverse and affirmative factors of the primary consideration, then the judge shall decide whether to suspend the sentencing after assessing and comprehensively taking into account the factors listed under the suspension of sentence section.

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