Defense Case for Obstruction of Official Duties | Successful Defense in an Obstruction of Official Duties Case, Concluding With a Minor Fine

A consultation was conducted in order to accurately understand the case of the client who was facing litigation for obstruction of official duties.

The client met with hometown friends for the first time in a while and ended up heavily intoxicated from excessive drinking.

While returning home in a state of stupor, the client, without any reason, struck a man who was walking down the street in the face with a fist.

In addition, the client obstructed official duties through conduct such as choking and slapping a police officer who had been dispatched to the scene to address the incident.

Facing litigation for obstruction of official duties and assault as a result, the client came to a Daeryun criminal defense attorney in order to defend the case.

■ The Level of Punishment for Obstruction of Official Duties

Criminal Act

Article 136 (Obstruction of Official Duties)

① A person who commits violence or intimidation against a public official engaged in the performance of official duties shall be punished by imprisonment for up to five years or a fine of up to 10 million won.

Article 260 (Assault, Assault Against a Lineal Ascendant)

① A person who commits violence against the body of another shall be punished by imprisonment for up to two years, a fine of up to five million won, detention, or a minor fine.

To defend the obstruction of official duties case, the Daeryun criminal defense attorney argued that the client intended to make a criminal deposit as an expression of remorse.

After the incident, the client sought forgiveness from the man he had assaulted and conveyed a willingness to settle, but this was refused.

The client also offered a sincere apology to the police officer whose official duties had been obstructed, but a settlement itself was impossible under the police force's internal guidelines, so no separate settlement could be reached.

The criminal defense attorney appealed that the client, in order to provide some measure of monetary consolation to the victims, would deposit a modest, if insufficient, sum.

To defend the obstruction of official duties case, the Daeryun criminal defense attorney pleaded that this was an impulsive offense committed by the client while heavily intoxicated.

The client committed the offense in a state in which his normal capacity for judgment was impaired by drinking beyond his limit.

The client did not maliciously obstruct the police officer's official duties, nor did he assault the passing man in a premeditated manner.

The Daeryun criminal defense attorney emphasized that the client was sincerely reflecting on the offense and appealed for leniency.

The client who came to Daeryun for obstruction of official duties sought the assistance of a criminal defense attorney to defend against charges of assault and obstruction of official duties.

In response, Daeryun assembled a team of criminal defense attorneys with extensive experience in obstruction of official duties litigation to assist with the case.

As a result, the court accepted the arguments of the Daeryun criminal defense attorney, and the client received a minor fine.

If you are facing difficulties due to obstruction of official duties, like the client above, we encourage you to consult at any time with a 🔗criminal defense attorney at Daeryun Law Firm.