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Deals & Cases

Obstruction of Official Duties

Cheonan Law Firm | A Cheonan Attorney Helps a Client Booked for Obstruction of Official Duties Conclude the Case With a Suspended Sentence

The client attorney explained that, while quarreling with a passerby, the client assaulted a police officer who had responded to a report and was arrested in the act for obstruction of official duties.

CONTENTS
  • 1. Cheonan Law Firm | Background of the Case
    • - Cheonan Law Firm | The Dispute Between the Client and the Passerby
    • - Cheonan Law Firm | A Scuffle With the Responding Police Officer
    • - Cheonan Law Firm | Arrest in the Act for Obstruction of Official Duties
  • 2. Cheonan Law Firm | The Cheonan Attorney's Legal Advice
    • - Cheonan Law Firm | What Is Obstruction of Official Duties?
    • - Cheonan Law Firm | If You Have Been Booked for Obstruction of Official Duties?
  • 3. Cheonan Law Firm | Details of the Assistance
    • - Cheonan Law Firm | First-Time Offender
    • - Cheonan Law Firm | History of Mental Illness
    • - Cheonan Law Firm | Apology to the Injured Police Officers
  • 4. Cheonan Law Firm | Case Result, Suspended Sentence for Obstruction of Official Duties

1. Cheonan Law Firm | Background of the Case

The Cheonan law firm attorney's client got into a dispute with a passerby while leaving a sundae-gukbap restaurant after having a meal with a friend.

Cheonan Law Firm | The Dispute Between the Client and the Passerby

The Cheonan law firm attorney's client was intoxicated and was greatly agitated by the quarrel with the passerby.

The client's quarrel with the passerby escalated into a physical altercation, and the owner of the sundae-gukbap restaurant who witnessed this reported the client to the police.

Cheonan Law Firm | A Scuffle With the Responding Police Officer

The Cheonan law firm attorney's client also got into a scuffle with the responding police officer.

The client explained to the Cheonan attorney that the passerby had started the dispute first, leading to the fight, and that the client was upset that the responding police officer restrained the client first rather than apprehending the passerby.

So, while protesting to the responding police officer, the client exerted physical force, pushing the officer a couple of times and grabbing the officer by the collar.

Cheonan Law Firm | Arrest in the Act for Obstruction of Official Duties

The Cheonan law firm attorney's client claimed that, in the process of restraining the client's whole body, the responding police officers kicked the client about four times.

At this, the client became even more agitated and angry, and while lying down, the client kicked at the police officers, ultimately being arrested for obstruction of official duties, as the client explained.

2. Cheonan Law Firm | The Cheonan Attorney's Legal Advice

The Cheonan law firm attorney explained that committing an offense amounting to obstruction of official duties, as the client did, may be punished as follows.

Cheonan Law Firm | What Is Obstruction of Official Duties?

The Cheonan law firm attorney explained that obstruction of official duties is punished under the Criminal Act.

Article 136 of the Criminal Act (Obstruction of Official Duties)

A person who assaults or threatens a public official engaged in the performance of their duties shall be punished by imprisonment for up to five years or a fine of up to 10 million won. The same punishment as in the preceding clause shall apply to a person who assaults or threatens a public official with the intent to compel or obstruct the official in the performance of an act relating to their duties, or to make the official resign from their post.

Obstruction of official duties is committed, as in the client's case, when a person exerts physical force against the lawful official act of a public official, which is punished as conduct that unlawfully infringes on the official act.

A public official under the Criminal Act refers to a person who, on the basis of statutes, engages in the affairs of the State, a local government, or a public corporation equivalent thereto, and whose labor is not limited to simple mechanical or physical work.

For this reason, the scope of application of the offense varies, depending on what official duty the victim was performing, such as whether obstruction of official duties is committed or whether it amounts to ordinary assault or intimidation.

In particular, for obstruction of official duties to be committed, it requires an active act to the degree of obstructing the lawful official duties of a public official.

The purpose of obstructing the performance of official duties is not required, but because there is no separate provision punishing attempts, caution is needed, since if the assault or threat creates an abstract risk of obstructing the official duties, it is punished as a completed offense without exception.

🔗
Curious About the Types and Levels of Punishment for Obstruction of Official Duties?

Cheonan Law Firm | If You Have Been Booked for Obstruction of Official Duties?

The Cheonan law firm attorney explained that, if you have been booked for obstruction of official duties as the client was, a settlement with the public official who is the victim is the most important thing.

In particular, if the assaulted victim (the public official) submits an opinion strongly seeking punishment, there is a risk that the sentence will be increased, so it is important to apologize to the victim and reach an amicable settlement.

3. Cheonan Law Firm | Details of the Assistance

The Cheonan law firm attorney earnestly requested mitigation of the sentence, acknowledging all of the offenses regarding the client's assault on a public official, while citing the fact that the client had been visiting a psychiatric hospital due to ongoing depression and other conditions, that the client was a first-time offender, and that the client had apologized to the injured police officers.

Cheonan Law Firm | First-Time Offender

The attorney emphasized that the client was a law-abiding citizen with no prior criminal record, and that this was the first time he had assaulted a public official.

The attorney also explained that the client acknowledged all of his wrongdoing in connection with this assault and was deeply remorseful.

Cheonan Law Firm | History of Mental Illness

The client argued that he had long suffered from mental illnesses such as depression and panic disorder, so that his mental state was not sound at the time of the incident.

He further explained that he had been heavily intoxicated, which had clouded his momentary judgment, and that the incident was an impulsive assault that occurred while he was agitated from a fight with a passerby.

Cheonan Law Firm | Apology to the Injured Police Officers

The client explained that he had visited the attorney and the injured police officers to sincerely apologize and ask for their forgiveness.

With the attorney's help, the client was able to reach an amicable settlement with the officers, convey his apology, and firmly resolve not to reoffend.

4. Cheonan Law Firm | Case Result, Suspended Sentence for Obstruction of Official Duties

With the help of an attorney at the firm, the client was able to receive a suspended sentence for obstruction of official duties.

The court imposed a suspended sentence, citing the facts that the client fully admitted his offense and resolved never to reoffend, that he was a first-time offender with no prior record of the same type of offense, that he had a history of mental illness and was receiving medication, and that he had apologized to the injured police officers.

The client told the attorney that he would never drink again and promised that he would not use any physical force, such as assault, against police officers, who work hard for the public.

If you are facing a criminal trial for assaulting a public official, as in this case, we recommend reaching out to a 🔗Cheonan Attorney to help resolve your case.

천안로펌 | 천안변호사, 공무집행방해죄로 입건된 의뢰인 도와 집행유예 마무리

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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