Suncheon Law Office Assistance | A Small Fine for Obstruction of Official Duties and Other Charges With the Assistance of the Suncheon Law Office

The client who sought out a Suncheon law office had visited a bar to drink.

Having drunk excessively, the client, in a heavily intoxicated state, swore at other customers and picked fights.

The bar owner then reported the client, and a police officer responded.

The client was asked by the police officer to return home but continued to cause a disturbance.

Not stopping there, the client assaulted the police officer by swinging his fists and kicking his legs, and faced the prospect of punishment for obstruction of official duties and a violation of the Minor Offenses Punishment Act, and so requested assistance from a Suncheon law office.

The Suncheon law office explained 🔗the crime of obstruction of official duties and the Minor Offenses Punishment Act.

※ Criminal Act, Article 136 (Obstruction of Official Duties)
(1) A person who commits assault or intimidation against a public official engaged in the performance of his or her duties shall be subject to imprisonment for up to five years or a fine of up to 10 million won.
(2) A person who commits assault or intimidation against a public official for the purpose of compelling or obstructing the performance of an act within his or her official duties, or of forcing the official to resign from his or her post, shall be subject to the same punishment as in the preceding paragraph.

※ Where the crime of obstruction of official duties is committed in a state of heavy intoxication caused by alcohol or drugs

1. Where a person voluntarily consumes alcohol or drugs intentionally, or in anticipation of committing the offense, or in order to use it as a ground for exemption after the offense, it is treated as a general aggravating factor regardless of whether the person was in a state of diminished mental capacity at the time.

2. Where there was no intent to commit the offense and the person did not anticipate committing it, but in light of past experience or the person's physical condition or circumstances at the time there was a predisposition to affect others, it is not treated as a mitigating factor regardless of whether the person was in a state of diminished mental capacity.

※ Minor Offenses Punishment Act

(1) A person who falls under any of the following subparagraphs shall be punished by a fine of up to 100,000 won, minor imprisonment, or a minor fine (gwaryo).

20. (Drunken Disturbance, etc.) A person who, in an assembly hall, theater, restaurant, or other place where many people gather or pass through, or on a train, automobile, ship, or other vehicle carrying many people, makes a great deal of noise around with extremely rough language or conduct, or who, while intoxicated, harasses another person without reason

(2) A person who falls under any of the following subparagraphs shall be punished by a fine of up to 200,000 won, minor imprisonment, or a minor fine.

3. (Interference with Business) A person who interferes with the business of another person, an organization, or a person performing official duties through mischievous pranks or the like

*Since the specifics differ depending on each individual's situation, please seek a consultation at a 🔗Suncheon law office.

The client deeply reproaches and regrets having committed acts of violence against a police officer.

The Suncheon attorney's office argued that, even before the offense, the client had made efforts to refrain from drinking and had resolved to exercise greater caution going forward.

The client visited the affected police officer and expressed sincere apologies on several occasions.

The Suncheon attorney's office argued that the affected police officer accepted the apology, and that an amicable settlement was reached.

The Suncheon attorney's office argued that the client is receiving counseling for an alcohol-related problem.

The client emphasized that they will continue to receive alcohol treatment through counseling going forward, and that they have not consumed any alcohol to this day.

The client who visited the Suncheon attorney's office requested assistance with charges of obstruction of official duties and violation of the Minor Offenses Act.

As a result of the Suncheon attorney's assistance, the client was sentenced to a small fine.

Daeryun LLC provides consultation and responds to inquiries for clients 24 hours a day, 365 days a year.

If you are involved in a situation such as the one described above, you may seek a 🔗legal consultation at the Suncheon attorney's office.