Seongnam Law Firm Assistance | Assisting a Client Charged With Obstruction of Official Duties to Obtain a Suspended Sentence

The client had opened a restaurant.

To celebrate, he invited a friend, had drinks, and then went to a karaoke room for a second round.

At the karaoke room, the client became heavily intoxicated.

While heading home in an intoxicated state, the client ended up falling asleep on the street.

A resident who saw this reported the client, and a police officer was dispatched.

When the police officer woke the client, the client hurled abuse at the officer and assaulted him.

Charged with obstruction of official duties, the client sought the help of the Seongnam attorney.

The Seongnam law firm explained the offense of 🔗obstruction of official duties.

The offense of obstruction of official duties is committed when a person obstructs a public official engaged in the performance of his or her duties by means of assault or intimidation.

※ Article 136 of the Criminal Act (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 punishable by imprisonment for not more than 5 years or by a fine not exceeding 10 million won.
② The same punishment as in the preceding paragraph shall apply to a person who commits assault or intimidation against a public official for the purpose of coercing or obstructing the performance of an act pertaining to his or her duties, or of causing him or her to resign from office.

The Seongnam law firm explained the requirements for obstruction of official duties.

Obstruction of official duties is divided into simple obstruction of official duties and special obstruction of official duties.

■ Simple Obstruction of Official Duties

Simple obstruction of official duties is an offense committed when a person commits assault or intimidation against a public official engaged in the performance of his or her duties.

※ Requirements

1. Against a public official engaged in the performance of official duties (the object)

2. When assault or intimidation is committed (the conduct)

■ Special Obstruction of Official Duties

This is an offense committed when a person assaults a public official as a group, or commits assault and injury with a dangerous object.

※ Requirements

1. Against a public official engaged in the performance of official duties (the object)

2. By a group or with aggravated force, or while carrying a dangerous object (the conduct)

3. When assault or injury is committed (the result)

*If you would like to review the details, please proceed with a 🔗legal consultation with an attorney.

The client blamed himself for the offense and showed remorse with a deep sense of regret.

The Seongnam law firm argued that the client was abstaining from alcohol as an expression of his remorse.

After committing the assault, the client sought to find the victim and apologize.

However, being unable to meet the victim, he sent a letter of apology and deposited a settlement amount with an official depository in order to compensate for the harm.

The Seongnam law firm argued that the client had made active efforts to compensate for the harm.

At the time, the client was heavily intoxicated and unable to exercise sound judgment.

Although he did assault the police officer, he had no intention of doing so at all.

The Seongnam law firm emphasized that the client had no intent in committing the offense.

With the assistance of a Seongnam law firm, the client was able to receive a suspended sentence on a charge of obstruction of official duties.

The Seongnam attorney assists clients through everything from a simulated preliminary police interview to a mock trial.

If you are involved in a case of obstruction of official duties, you may request assistance from a 🔗Seongnam attorney at any time.