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Deals & Cases

Obstruction of Official Duties

Cheongju Law Firm Assistance | Obstruction of Official Duties, Prosecutor's Appeal Dismissed, Fine Upheld

The client had been sentenced to a fine for obstruction of official duties, but the prosecutor filed an appeal, and while looking for a law firm for assistance, the client came to Daeryun's Cheongju office.

CONTENTS
  • 1. The Client's Situation
    • - How the Client Reached Out to the Cheongju Law Firm
  • 2. Statutes Related to the Case Explained by the Cheongju Law Firm
  • 3. Assistance from the Cheongju Law Firm
    • - Cheongju Law Firm's Argument ① Confession and Remorse
    • - Cheongju Law Firm's Argument ② Abstinence from Alcohol
    • - Cheongju Law Firm's Argument ③ Spontaneous Offense
  • 4. The Court's Decision on the Cheongju Law Firm's Argument
    • - If You Need the Help of the Cheongju Law Firm

1. The Client's Situation

Cheongju Law Firm

The client came to Daeryun's Cheongju office to find a solution to the case through a law firm with extensive experience handling various obstruction of official duties cases.

How the Client Reached Out to the Cheongju Law Firm

The detailed account of the client who consulted with the Cheongju law firm is as follows.

The client got into an argument with a group at the next table while drinking at a bar.

An intoxicated man assaulted the client in the head, and the client reported them to the police to settle the situation.

The police who arrived at the scene confirmed the man's personal details and sought to hear the witness's statement, but they could not investigate because of the refusal to make a statement, so they decided to send everyone home.

Dissatisfied with this, the client interfered with the police officer's lawful performance of duty by pushing and assaulting the officer.

🔗Obstruction of Official Duties was the offense the client committed, and although the client received a fine at the first instance, the prosecutor filed an appeal on the ground of an unduly lenient sentence.

The client reached out to the Cheongju law firm to have the prosecutor's appeal dismissed and resolve the case with the assistance of an attorney.

2. Statutes Related to the Case Explained by the Cheongju Law Firm

The charge against the client who requested assistance from the Cheongju law firm was obstruction of official duties.

Obstruction of official duties refers to the offense of interfering with public duties by using assault or intimidation against a public official who is performing those duties.

A person who commits assault or intimidation against a public official performing duties may be punished by imprisonment for not more than five years or a fine not exceeding ten million won.

Types of Obstruction of Official Duties

① Simple obstruction of official duties
- An offense committed when assault or intimidation is used against a public official performing duties

② Special obstruction of official duties
- An offense committed when a public official is assaulted as a group, or when a public official is assaulted or injured with a dangerous object

3. Assistance from the Cheongju Law Firm

The Cheongju law firm analyzed the circumstances of the case in detail in order to have the prosecutor's appeal dismissed.

It established an appropriate response strategy and argued the following points, requesting leniency for the client.

Cheongju Law Firm's Argument ① Confession and Remorse

From immediately after the offense in this case through the trial, the client has consistently acknowledged all of the criminal facts and has deeply expressed remorse for the wrongdoing.

The client, who committed obstruction of official duties against a police officer responsible for safety and public order, came to recognize that the unlawfulness and blameworthiness of the conduct were very high.

The argument emphasized that the client vows never to commit violent acts again and shows remorse day by day.

Cheongju Law Firm's Argument ② Abstinence from Alcohol

After the offense in this case, the client realized the danger and seriousness of drinking and has been practicing abstinence from alcohol.

The client visits a psychiatric clinic once every two weeks and consistently receives treatment for abstinence.

The argument emphasized that the client is making considerable personal effort not to commit the same offense again, so the likelihood of reoffending is very low.

Cheongju Law Firm's Argument ③ Spontaneous Offense

The client's judgment was impaired by intoxication at the time, and the client came to commit the offense in this case on the spur of the moment.

The client had not planned the offense in this case from the outset at all.

The argument emphasized that the client deeply shows remorse, with a sense of apology, for having caused significant harm to the victim who was performing public duties.

4. The Court's Decision on the Cheongju Law Firm's Argument

The court accepted the Cheongju law firm's argument and issued a decision that ‘the prosecutor's appeal is dismissed.’ The client expressed deep gratitude to the Cheongju law firm.

If You Need the Help of the Cheongju Law Firm

Because obstruction of official duties against a police officer can foster a tendency to disregard the legal order and public authority, the courts punish it severely.

If you become involved in obstruction of official duties, consulting an attorney at an early stage of the case can be helpful in defending against punishment.

At Daeryun Law Firm, a 🔗Criminal Attorney-led task force of three to twenty members systematically analyzes the case and gathers evidence to guide the matter in a favorable direction.

If you find yourself in a situation similar to the case above and need the help of an attorney, we recommend that you visit the Cheongju law firm for a consultation at any time.

청주법무법인 조력 | 공무집행방해죄 검사 항소 기각, 벌금형 유지

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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