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Deals & Cases

Obstruction of Official Duties

Assistance From the Suncheon Attorney's Office | Defending a Client Who Assaulted a Police Officer to a 'Fine'

The client had assaulted a police officer several times and was at risk of receiving an actual custodial sentence.

They therefore requested assistance from the Suncheon attorney's office.

CONTENTS
  • 1. The Client's Situation
    • - How the Client Came to the Suncheon Attorney's Office
  • 2. Laws Related to the Case, as Explained by the Suncheon Attorney's Office
  • 3. The Assistance Provided by the Suncheon Attorney's Office
    • - Suncheon Attorney's Office Argues That the Client Is Deeply Remorseful
    • - Suncheon Attorney's Office Argues That the Client Made a Criminal Deposit
    • - Suncheon Attorney's Office Argues That the Client's Family Is Pleading on Their Behalf
  • 4. The Court's Decision on the Suncheon Attorney's Office's Arguments
    • - If You Need Assistance From the Suncheon Attorney's Office

1. The Client's Situation

Suncheon Attorney's Office

The client had used their elbow and fist inside a patrol car to assault a police officer several times.

Hoping to avoid an actual custodial sentence, the client requested assistance from the Suncheon attorney's office.

How the Client Came to the Suncheon Attorney's Office

The client in this case became heavily intoxicated and picked a quarrel with a taxi driver.

To get out of the situation, the taxi driver reported the matter to 112, and the police soon arrived at the scene.

While waiting inside the patrol car for the client's family, the client suddenly began to light a cigarette.

The police officer immediately stopped this conduct by the client.

Angered by this, the client threw a bag at the police officer and, using their elbow and fist, assaulted the victim's face several times.

Obstruction of official duties is an offense that interferes with the legitimate exercise of public authority, harming the legal order and the functions of the State, and is punished severely, so the client was at risk of receiving an actual custodial sentence.

The client therefore requested assistance from the Suncheon attorney's office.

2. Laws Related to the Case, as Explained by the Suncheon Attorney's Office

Crimes Concerning Obstruction of Official Duties


Article 136 (Obstruction of Official Duties)

(1) A person who, through violence or intimidation against a public official engaged in the performance of their duties, obstructs them 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, with the purpose of compelling or obstructing a public official in an act relating to their duties, or of making the official resign from office, commits violence or intimidation against the official.

Article 137 (Obstruction of Official Duties by Deceit)

A person who obstructs the performance of a public official's duties by deceit shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.

Article 143 (Attempts)

An attempt to commit any of the offenses under Articles 140 through the preceding Article shall be punished.

Article 144 (Special Obstruction of Official Duties)

(1) When any of the offenses under Article 136, Article 138, and Articles 140 through the preceding Article is committed by displaying the power of a group or multitude or by carrying a dangerous object, the punishment prescribed for each respective Article shall be aggravated by up to one half.
(2) When a person commits an offense under paragraph (1), causing bodily injury to a public official, they shall be punished by imprisonment for a definite term of at least three years. When death results, they shall be punished by life imprisonment or by imprisonment for at least five years.

3. The Assistance Provided by the Suncheon Attorney's Office

Suncheon Attorney's Office

The Suncheon attorney's office analyzed the client's case in depth by conducting a thorough consultation with the client.

It then assisted the client by devising a solution accordingly.

Suncheon Attorney's Office Argues That the Client Is Deeply Remorseful

The Suncheon attorney's office argued that the client fully acknowledged all of the facts of the offense and was sincerely remorseful, and that, wishing to express their repentance and remorse for their wrongdoing, the client had written a letter of apology.

Suncheon Attorney's Office Argues That the Client Made a Criminal Deposit

The Suncheon attorney's office argued that the client, in order to sincerely apologize to the victim police officer and convey their feelings of apology, had deposited a substantial sum and had also delivered a letter of apology, thus making efforts toward genuine recovery of the harm.

Suncheon Attorney's Office Argues That the Client's Family Is Pleading on Their Behalf

The Suncheon attorney's office argued that the client's spouse always calls the client at the time they leave work to keep watch over them in order to prevent a recurrence, and is pledging to encourage abstinence and moderation in drinking so as to protect the family, earnestly seeking leniency for the client.

4. The Court's Decision on the Suncheon Attorney's Office's Arguments

The court accepted the Suncheon attorney's office's arguments and imposed a relatively light 'fine'.

If You Need Assistance From the Suncheon Attorney's Office

At Daeryun, attorneys experienced in criminal cases who accurately understand the methods and flow of investigations and trials jointly handle and conduct criminal cases.

It also operates a system providing consultation and rapid response 365 days a year, 24 hours a day.

If you wish to proceed with an attorney in a situation similar to this case, please reach out to the Suncheon attorney's office at any time.

순천변호사사무실 조력 | 경찰관 폭행한 의뢰인, ‘벌금형’ 방어

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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