Obstruction of Official Duties

Obstruction of official duties can be established in various situations, and it frequently occurs in particular while a person is intoxicated.

| Where a person verbally abuses or assaults a police officer while intoxicated

| Where a person grabs a police officer by the collar or pushes the officer during an enforcement action

| Where a person strongly resists while refusing arrest as an offender caught in the act

| Where a person spits at or inflicts physical harm on a public official

| Where a person creates a disturbance, claiming that the arrest or enforcement action was unlawful

Obstruction of Official Duties

Special Obstruction of Official Duties Resulting in Death or Injury

Where the charge of obstruction of official duties is admitted, active remorse and a sincere attitude may be considered favorably in sentencing.

First, it is important to submit a genuine letter of apology to the court.

It is advisable for the letter of apology to include the circumstances of the offense, the psychological state at the time, deep remorse, and a concrete plan to prevent reoffending.

In addition, an attempt to reach a settlement with the victim may also be a factor for reduction of sentence; however, because the victim in an obstruction of official duties case is a public official, a settlement itself is often difficult due to constraints on the official's status or the policies of the agency.

In such situations, it is necessary to actively prepare materials for favorable consideration of the circumstances.

When denying the charges, a simple denial alone is not sufficient. The key is to prove one's innocence by securing objective and specific evidence.

Gathering Evidence

CCTV footage from the time of the incident, vehicle dashcam recordings, and mobile phone video footage should be secured to reconstruct the circumstances of the incident.

Securing statements from nearby witnesses can also be one approach.

The secured evidence should be promptly subject to a preservation application so that it is not altered or damaged, and submitted to the court as evidence when necessary.

Daeryun Law Firm has a number of attorneys registered as criminal law practitioners with the Korean Bar Association, and responds carefully from the early stages of a case.

From the police investigation stage, advance simulations are conducted to prevent unnecessary mistakes, and strategic response measures are prepared.

In addition, by collaborating with its own Evidence Investigation Center, the firm works to protect the client's rights through the securing and analysis of objective evidence.

If you are facing difficulties from involvement in obstruction of official duties, please request assistance from a criminal attorney at Daeryun Law Firm.