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Deals & Cases

Obstruction of official duties

Obstruction of Official Duties Attorney Assistance | Fine for a Client Charged with Obstruction of Official Duties

The client who came to an obstruction of official duties attorney was under suspicion of having assaulted a police officer and thereby obstructed official duties, and came to us seeking to defend against punishment ahead of the police investigation that was soon to take place.

CONTENTS
  • 1. Client Who Came to the Obstruction of Official Duties Attorney
    • - Client Charged with Obstruction of Official Duties
  • 2. Penalty Levels for Obstruction of Official Duties Explained by the Attorney
    • - Issues in the Case
  • 3. Obstruction of Official Duties Attorney: Establishing a Defense Strategy
    • - The Obstruction of Official Duties Attorney's Strategy ① | Drafting a Letter of Apology
    • - The Obstruction of Official Duties Attorney's Strategy ② | Submitting a Petition
  • 4. Result of the Obstruction of Official Duties Attorney's Assistance: ‘Fine’
    • - If You Are Involved in an Obstruction of Official Duties Case

1. Client Who Came to the Obstruction of Official Duties Attorney

A fine judgment as a result of the obstruction of official duties attorney's assistance

The client who came to the obstruction of official duties attorney was in a situation where even an actual custodial sentence was a concern, but thanks to the prompt assistance of the obstruction of official duties attorney, the client was able to receive a fine judgment.

Client Charged with Obstruction of Official Duties

The client, a man in his 20s, requested assistance from Daeryun's obstruction of official duties attorney while facing a police investigation on a charge of obstruction of official duties.

On the day of the incident, the client was given a notice of dismissal from the workplace where he had worked for about 2 years and drank alcohol out of shock and distress.

Afterward, while heavily intoxicated, he got into a dispute with a passerby, and the police officers who were dispatched to stop it arrested the client as a flagrant offender.

In the process, while being placed into the patrol car, the client assaulted a police officer by kicking his upper body, and thus came to face a charge of obstruction of official duties.

In a situation where even an actual custodial sentence was a concern, the client requested help in order to avoid punishment through the prompt response of the obstruction of official duties attorney.

2. Penalty Levels for Obstruction of Official Duties Explained by the Attorney

Obstruction of official duties refers to conduct that obstructs a public official in the performance of his or her duties through assault, intimidation, deceit, or the like.

What is the severity of punishment for obstruction of official duties?

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 punished by imprisonment for not more than five years.

(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 compelling or obstructing the performance of an act pertaining to his or her duties, or of causing him or her to resign from office.

Issues in the Case

The issue in this case as identified by the obstruction of official duties attorney was that the client had admitted the offense and focused on the level of punishment, and accordingly the attorney formulated a strategy to obtain the most lenient treatment possible.

Accordingly, the obstruction of official duties attorney established a strategy centered on the following sentencing factors in order to avoid an actual custodial sentence and obtain a judgment of a fine.

▶ The client is deeply remorseful

▶ The offense occurred while heavily intoxicated

▶ The family wishes for leniency

3. Obstruction of Official Duties Attorney: Establishing a Defense Strategy

Summary of the Need for an Obstruction of Official Duties Attorney

The obstruction of official duties attorney established a systematic strategy and conducted the defense so that the client could receive a fine in this case.

The Obstruction of Official Duties Attorney's Strategy ① | Drafting a Letter of Apology

The client acknowledges their fault in this obstruction of official duties case and is deeply reflecting on it.

In order to effectively convey the client's sincerity, the obstruction of official duties attorney guided the client in writing a handwritten letter of reflection, and directly reviewed and edited it so that the client's sincerity could be reflected in its content.

The attorney then earnestly requested maximum leniency, asking the court to genuinely take into account the reflecting client's state of mind.

The Obstruction of Official Duties Attorney's Strategy ② | Submitting a Petition

The client had ordinarily lived diligently as a healthy member of his family and society, with a sense of responsibility.

The client’s family directly confirmed that the client was sincerely reflecting, and they resolved to actively help him by his side so that he would never commit any offense again.

Accordingly, the family prepared a petition earnestly seeking leniency for the client and submitted it to the court.

The obstruction of official duties attorney actively supported the client’s family in preparing and submitting the petition, and assisted so that their sincere request for leniency could be effectively conveyed to the court.

4. Result of the Obstruction of Official Duties Attorney's Assistance: ‘Fine’

Daeryun obstruction of official duties attorney, the need for expert assistance

As a result of the assistance of the obstruction of official duties attorney, the client received a fine in this obstruction of official duties case.

The client repeatedly expressed gratitude, saying that he had been able to receive lenient treatment thanks to the assistance of the obstruction of official duties attorney.

If You Are Involved in an Obstruction of Official Duties Case

Because the level of punishment for the crime of obstruction of official duties can vary greatly depending on the circumstances, a prompt and systematic response by a specialized attorney is very important.

Daeryun LLC consults with the client from the early stage of the case to ascertain the precise facts and establishes a strategy to prevent unnecessary investigation or detention.

In addition, during the trial process, we conduct a review of the legal principles, gather and submit favorable evidence, and work to obtain the greatest possible reduction of the sentence.

If you are experiencing difficulties due to a charge of obstruction of official duties, please request assistance from the Daeryun LLC obstruction of official duties attorney at any time through a 🔗legal consultation reservation.

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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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