Case Assisted by a Gangneung Law Firm | With the Gangneung Law Firm's Assistance, an Obstruction of Official Duties Client Received a Minor Fine

This is the account of the client who came to the Gangneung law firm.

On the day of the incident, the client was having a marital argument with his wife at home.

As the apartment was poorly soundproofed, a resident downstairs heard the sound of the argument and filed a report.

The Gangneung police officer who responded to the report entered the client's residence and restrained the client, who was holding the child.

However, the client, saying “Take your hands off my child,” pushed the officer and committed assault.

Facing the risk of punishment on a charge of obstruction of official duties, the client requested assistance from the Gangneung law firm.

The Gangneung law firm explained 🔗obstruction of official duties.

Obstruction of official duties refers to

the act of obstructing a public official who is performing official duties by inflicting assault or intimidation.

• Criminal Act Article 260 (Assault, Assault against a Lineal Ascendant)

(1) A person who inflicts assault upon another's body shall be punished by imprisonment with labor for not more than 2 years, a fine not exceeding 5 million won, detention, or a minor fine.
(2) A person who commits the crime under paragraph (1) against a lineal ascendant of the person or of the person's spouse shall be punished by imprisonment with labor for not more than 5 years or a fine not exceeding 7 million won.
(3) The crimes under paragraphs (1) and (2) may not be prosecuted against the express will of the victim.

• Criminal Act Article 136 (Obstruction of Official Duties)

(1) A person who inflicts assault or intimidation upon a public official engaged in the performance of official duties shall be punished by imprisonment with labor 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 inflicts assault or intimidation upon a public official with the intent to coerce the public official into performing or refraining from a particular act in the line of duty, or to make the public official resign from office.

*The severity of punishment may vary depending on individual circumstances, so if a detailed review is needed, please 🔗consult a Gangneung attorney.

Consultations can be received online, via KakaoTalk, by telephone, or through an in-person visit.

From the investigation stage, the client acknowledged the offense and showed a cooperative attitude.

The Gangneung law firm emphasized that the client submitted a letter of apology and was repentant with a contrite heart.

The Gangneung law firm argued that this was an impulsive act committed by the client while trying to protect the client's child.

The firm noted that, when the client was suddenly asked by the police officer who arrived to put down the child, the client became flustered and made a mistake.

The client apologized to the injured police officer with a sense of remorse.

The Gangneung law firm argued that the client had made a deposit in court and had made efforts to convey an apology to the police officer.

The client assaulted a police officer and came to face charges of obstruction of official duties.

In response, the client requested legal assistance and was able to receive a fine.

In the case of obstruction of official duties, a person may be punished for obstruction of official duties by deceit even without any act of assault or intimidation.

In addition, if a dangerous object is carried, the crime of special obstruction of official duties is established, and aggravated punishment may be imposed.

For this reason, assistance is needed from the early stages of the case.

At Daeryun Law Firm, attorneys provide assistance to clients.

If you become involved in charges of obstruction of official duties, please consider a 🔗legal consultation with an attorney that works to provide a prompt and collaborative resolution.