Assistance from a Suwon Attorney's Office | A Suwon Attorney Obtained a Light Fine for Obstruction of Official Duties

On the day in question, the client who came to the Suwon attorney office drove down to Busan to see close acquaintances after a long time.

The client met the acquaintances and drank, consumed too much alcohol, and after driving to the lodging, was reported on suspicion of drunk driving in the parking lot.

When the police officers dispatched in response to the report restrained him, the client momentarily lost his self-control and pushed the officer's upper body once, committing an assault.

Facing the risk of punishment on a charge of obstruction of official duties, the client visited the Daeryun 🔗Suwon attorney office and requested assistance.

The Suwon attorney at the Suwon attorney office explained 🔗obstruction of official duties.

The crime of obstruction of official duties is

the offense of obstructing official duties by assaulting or intimidating a public official who is lawfully performing official duties.

※ Requirements for the Establishment of Obstruction of Official Duties

① Against a public official performing official duties (object)
② When assault or intimidation is committed (conduct)

If obstruction of official duties is found, the offense is punishable by imprisonment for not more than 5 years or a fine not exceeding 10 million won, and even a first-time offender may be subject to an actual custodial sentence, so care should be taken to avoid becoming involved.

※ Article 136 of the Criminal Act (Obstruction of Official Duties)
① A person who assaults or intimidates a public official engaged in the performance of duties shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.
② The same punishment as in the preceding paragraph shall apply to a person who assaults or intimidates a public official for the purpose of compelling that official to perform or refrain from a particular act in connection with the official's duties, or to resign from office.

The client regrets the offense and is deeply remorseful.

The Suwon attorney argued that the client had gone to the police officer to apologize and had submitted a handwritten letter of apology.

In response, the police officer accepted the client's personal apology.

The Suwon attorney argued that the client had resolved never to reoffend.

The client noted that, prompted by this case, he had come to realize the dangers of excessive drinking and was making sincere efforts.

The client pushed and assaulted the police officer; however, he was intoxicated at the time, and the degree of the assault was minor.

The Suwon attorney argued that no serious consequence had resulted for the affected police officer.

The Suwon attorney's client had committed obstruction of official duties; however, through the assistance of the Suwon attorney, he was able to avoid an actual custodial sentence and receive a fine instead.

The crime of obstruction of official duties can be found and punished even without a direct assault, through acts such as throwing nearby objects or making statements that induce fear.

For this reason, if a person becomes involved in obstruction of official duties, the person should work together with a specialized attorney to identify aggravating and mitigating factors and to establish a favorable response strategy.

At Daeryun Law Firm, specialized attorneys conduct 🔗legal consultations on weekday evenings, weekends, and public holidays, 24 hours a day, 365 days a year.

If you are involved in a situation such as the one described above, you are welcome to request the assistance of the Daeryun Law Firm Suwon attorney office.