CONTENTS
- 1. The Client's Situation
- - How the Client Came to the Gwangju Law Office
- 2. Statutes Related to the Case, Explained by the Gwangju Law Office
- 3. Assistance from the Gwangju Law Office
- - The Gwangju Law Office's Argument ① Sincere Remorse
- - The Gwangju Law Office's Argument ② Settlement
- - The Gwangju Law Office's Argument ③ Financial Circumstances
- 4. The Court's Decision on the Gwangju Law Office's Arguments
- - If You Need Assistance from the Gwangju Law Office
1. The Client's Situation
The client, who was involved in a charge of obstruction of official duties, came to the Gwangju attorney and requested assistance in order to reduce the sentence as much as possible through the law office's support.
How the Client Came to the Gwangju Law Office
The detailed account of the client, who had a consultation at the Gwangju law office, is as follows.
The client was returning home after drinking with a friend when the client collided with a group walking from the opposite direction, leading to a dispute.
A passerby who witnessed this immediately called 112 to defuse the situation, and a police officer soon arrived at the scene.
At first the client answered the officer's questions cooperatively, but when the client felt the questioning was going on excessively, the client began to feel displeased.
The client then used abusive language toward the officer and struck the officer in the abdomen, refusing to comply with the officer's instructions.
🔗obstruction of official duties Booked on suspicion of obstruction of official duties, the client faced the prospect of severe punishment.
The client came to the Gwangju attorney to reduce the sentence through the assistance of an attorney with a deep understanding of handling criminal cases.
2. Statutes Related to the Case, Explained by the Gwangju Law Office
The client was involved in a charge of obstruction of official duties and requested help from the Gwangju attorney.
Obstruction of official duties refers to the crime of interfering with official duties by using violence or intimidation against a public official who is performing those duties.
If the charge of obstruction of official duties is found to apply, the person may be punished under the following provision.
Article 136 (Obstruction of Official Duties)
① A person who uses violence or intimidation against a public official performing his or her duties shall be punished by imprisonment for not more than five years.
Types of Obstruction of Official Duties
| Elements of Simple Obstruction of Official Duties | Elements of Special Obstruction of Official Duties |
1) Against a public official performing official duties (object) 2) When violence or intimidation is applied (act) | 1) Against a public official performing official duties (object) 2) By the force of a group or multitude / while carrying a dangerous object (act) 3) When violence or bodily injury is inflicted (result) |
3. Assistance from the Gwangju Law Office
The Gwangju attorney thoroughly reviewed the circumstances of the case and the precedents and established a strategy.
To reduce the sentence as much as possible, the attorney made the following arguments.
The Gwangju Law Office's Argument ① Sincere Remorse
The client deeply regrets having used abusive language toward and assaulted a police officer who was performing lawful official duties, and is remorseful.
At the time of the incident, the client felt displeased, and as emotions ran high, the client committed the offense impulsively.
The attorney emphasized that, prompted by this case, the client is firmly resolved to learn how to manage emotions and to strengthen the client's sense of social responsibility.
The Gwangju Law Office's Argument ② Settlement
The client sincerely apologized to the injured police officer, and as a result was able to reach an amicable settlement.
During the settlement process, the client engaged in earnest conversation with the officer and did everything possible to repair the harm.
The attorney emphasized that the injured police officer expressed a wish that the client not be punished.
The Gwangju Law Office's Argument ③ Financial Circumstances
The client has lived as a diligent member of society with no prior record of criminal punishment whatsoever.
The attorney argued that the client is a first-time offender with strong social ties, so the likelihood of reoffending is low.
In addition, the client's preexisting asthma worsened, and the client recently had to leave employment.
The attorney emphasized that, if the client, who is in difficult financial circumstances, were to receive a severe punishment, that burden would be aggravated.
4. The Court's Decision on the Gwangju Law Office's Arguments
The court accepted the Gwangju law office's arguments and imposed a relatively light fine on the client.
The client expressed deep gratitude to the Gwangju attorney.
If You Need Assistance from the Gwangju Law Office
Obstruction of official duties requires a precise legal interpretation of the legitimacy of the official duties and of the client's intent.
In particular, because this offense requires a determination of whether the public official's duties were lawful, seeking advice from an attorney early in the case can be helpful.
Daeryun's 🔗criminal attorneys, who have a deep understanding of obstruction of official duties cases, respond to cases systematically and work to resolve matters favorably.
If you are involved in an obstruction of official duties case and have not found a suitable solution, please entrust your case to the Gwangju attorney through a 🔗legal consultation booking.
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.
