Can I receive a fine for obstruction of official duties? I pushed during a scuffle with police and am worried about punishment....

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I work at a senior care facility, and I've heard that I'm likely to receive a fine in the first trial for violating the Elderly Welfare Act. The fine itself is only a few million won, but if a fine conviction stays on my record, I won't be able to work at senior care facilities and similar places. This is what I trained for, and I can't switch to another field at this point — I want to wrap this up without a criminal record if possible.

obstruction of official duties fine

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作者: 박동일

The fine for obstruction of official duties is one of the types of criminal punishment that can be sentenced when the legitimate duty performance of public officials such as police officers is obstructed through assault or threat.

According to Article 136 of the Criminal Act, those who obstruct the legitimate execution of duties of public officials may face imprisonment of up to 5 years or a fine of up to 10 million won.

If the background of the case or the degree of assault is relatively minor, there are also cases where the matter is concluded with a fine for obstruction of official duties instead of actual imprisonment.

In particular, if physical contact occurred in the process of brushing off police restraint as in your situation, obstruction of official duties may be problematic.

Obstruction of official duties does not necessarily require strong assault to be established. Even physical force such as pushing or brushing off an arm can become subject to punishment if judged to have obstructed the public official's duty performance.

However, the actual punishment level is determined by comprehensively considering various factors.

- Whether the public official's duty execution was legitimate

- Degree and risk of physical force used

- Whether the act was an accidental situation

- First offense or prior criminal record

- Reflection and cooperation with investigation after the incident

For example, if it was a simple scuffle, no significant damage occurred to the public official, it was a first offense, and a remorseful attitude is confirmed, there is also a possibility that the case may be concluded at the level of a fine for obstruction of official duties.

Therefore, in the investigation stage, it is important to objectively organize that the situation occurred accidentally and that there was no active intent to assault.

Daeryun Law Firm has attorneys with criminal case experience who carefully review the case background, and review response directions tailored to the case situation, including necessary statement organization, opinion preparation, and sentencing material preparation in the investigation stage.

We also prepare response strategies to ensure that no unfavorable statements are made during the investigation process, and provide consulting on damage recovery and settlement procedures when necessary.

If you are curious about whether you will receive a fine for obstruction of official duties or the case response direction, we recommend reviewing a response direction tailored to your current situation.