CONTENTS
- 1. Circumstances of the Case of the Client Who Came to the Obstruction of Official Duties Attorney
- 2. Information on Obstruction of Official Duties Reviewed by the Attorney
- - What Is Obstruction of Official Duties
- - The Elements of Obstruction of Official Duties
- 3. The Obstruction of Official Duties Attorney's Assistance in the Client's Defense
- - 1. The Client Has Led a Diligent Life as the Head of a Household
- - 2. The Client Committed the Offense While Heavily Intoxicated and With No Recollection on the Day of the Incident
- - 3. The Client Sincerely Apologized to the Victim, Who Expressed an Intent Not to Seek Punishment
- 4. Securing a Suspended Sentence Through the Obstruction of Official Duties Attorney's Assistance, Defending Against Punishment
1. Circumstances of the Case of the Client Who Came to the Obstruction of Official Duties Attorney
The client who came to the obstruction of official duties attorney caused a disturbance while heavily intoxicated after a company dinner.
The client was asked to go home by police who had responded to reports from people nearby, but cursed at the police who were asking the client to leave and committed one act of assault.
Accordingly, the client faced the risk of punishment for obstruction of official duties on suspicion of having obstructed the police's lawful performance of duties in handling a 112 report.
The client promptly came to this firm's attorney with much experience handling obstruction of official duties cases.
Because, under the client's company's internal rules, the client would face disadvantages from the company if sentenced to a fine or heavier actual sentence, the client requested a defense against punishment and legal assistance.
2. Information on Obstruction of Official Duties Reviewed by the Attorney
The obstruction of official duties attorney reviewed the content related to the obstruction of official duties charge against the client.
What Is Obstruction of Official Duties
The punishment for the crime of obstruction of official duties, an offense set out in Article 136 of the Criminal Act, is as follows.
| A person who commits assault or intimidation against a public official who is executing his or her duties | Imprisonment of up to 5 years or a fine of up to 10 million won |
| A person who commits assault or intimidation against a public official for the purpose of compelling or obstructing an act pertaining to his or her duties, or of causing him or her to resign from office |
In addition, the Criminal Act also punishes the crime of special obstruction of official duties.
| A person who, by displaying the power of a group or multitude or by carrying a dangerous object, commits assault or intimidation against a public official who is executing his or her duties | Aggravated by up to one half of the punishment |
| When a person commits the above crime and thereby causes injury to a public official | Imprisonment for a definite term of at least 3 years |
| When a person commits the above crime and thereby causes death | Life imprisonment or imprisonment for at least 5 years |
The Elements of Obstruction of Official Duties
The elements of the crime of obstruction of official duties are as follows.
'Executing official duties' |
'Assault, threat' ▶ Of a degree such that the execution of official duties may be obstructed by the above act, and it is not required that the act of executing official duties actually be obstructed as a result ▶ Intent is established merely by the awareness that the person is a public official executing official duties and that one is committing an assault or threat ▶ An intent to obstruct the execution of official duties is not required |
The crime of obstruction of official duties may be subject to heavier punishment if there is a prior record of punishment for similar offenses such as assault or bodily injury.
3. The Obstruction of Official Duties Attorney's Assistance in the Client's Defense
The obstruction of official duties attorney conducted thorough consultation with the client and a careful review of the case, and established a strategy to defend the client against punishment.
1. The Client Has Led a Diligent Life as the Head of a Household
The obstruction of official duties attorney argued that the client had lived for decades as the head of a household, being the father of two daughters and a dependable husband to a wife.
The attorney further argued that the client had performed regular community service for more than ten years and had deeply considered and practiced the value of giving back to society through donations and other means, that this offense had occurred on a sudden impulse, and that the client was sincerely and deeply reflecting on having committed a crime very different from his usual character.
The attorney requested leniency on this one occasion, on the ground that if the client received a sentence above a certain level due to this matter, he would suddenly suffer disadvantages at work and reach a situation in which he could not support his family.
2. The Client Committed the Offense While Heavily Intoxicated and With No Recollection on the Day of the Incident
The obstruction of official duties attorney argued that the client, being under more excessive workload stress than usual because it was the end of the year, was physically and mentally exhausted, and that, having drunk excessively in that situation, he committed the offense in an unusual manner contrary to his usually gentle character.
The obstruction of official duties attorney argued that the client admits all of the facts of the offense, has fallen into self-reproach over having committed an offense he himself could not even have imagined, and is deeply reflecting.
The obstruction of official duties attorney argued that the client, after being sentenced to a minor fine for drunk driving some decades ago, resolved never again to cause alcohol-related problems and never once caused a problem thereafter, but that, with this offense, he is reproaching himself over the fact that the decades of effort he had firmly maintained came to nothing in an instant.
The attorney also submitted a written statement of reflection handwritten by the client and a petition for leniency submitted by the client's wife, requesting leniency.
3. The Client Sincerely Apologized to the Victim, Who Expressed an Intent Not to Seek Punishment
The obstruction of official duties attorney assisted the client so that, within limits that would not cause secondary harm to the victim, the client cautiously made contact, and when an opportunity to meet arose, was able to offer a sincere apology.
In addition, the obstruction of official duties attorney requested leniency, citing the fact that the victim, taking into account the client's sincere apology and his diligent and law-abiding life, gave him one chance and expressed an intention not to seek punishment.
4. Securing a Suspended Sentence Through the Obstruction of Official Duties Attorney's Assistance, Defending Against Punishment
Taking the obstruction of official duties attorney's arguments into account, the court imposed a suspended sentence on the client.
The client expressed sincere gratitude for being able to avoid an actual custodial sentence thanks to the obstruction of official duties attorney's assistance.
The obstruction of official duties attorney's assistance played an important role in helping the client apologize to the victim in a manner that was not burdensome, thereby securing an expression of intent not to seek punishment and obtaining leniency.
In addition, the obstruction of official duties attorney emphasized the client's character to date and his attitude of sincere remorse, and persuaded the court to take these circumstances into account.
As with the client in this case, if you have been booked on charges of the crime of obstruction of official duties and placed at risk of punishment, you must closely examine the sentencing-related factors and seek leniency in order to mount a defense at sentencing.
Our firm closely examined these sentencing factors and provided assistance, which is why a favorable result of a suspended sentence could be obtained.
If you are at risk of punishment for the crime of obstruction of official duties, through the 🔗legal consultation reservation, please respond by obtaining a clear diagnosis of the case, identifying mitigating factors, and establishing a strategy to defend against punishment from the early stages of the case.
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.
