Deals & Cases
[Assistance from an Obstruction of Official Duties Attorney] A Client Charged with Obstruction of Official Duties Successfully Defends with a “Fine” with the Help of an Experienced Attorney
The client who came to an obstruction of official duties attorney had assaulted a police officer and obstructed the performance of official duties. Fearing that he might receive a heavy punishment, the client came to an obstruction of official duties attorney.
1. The Circumstances Leading to the Visit to the Obstruction of Official Duties Attorney
The client who came to an obstruction of official duties attorney became angry at a police officer's request to leave and assaulted the officer by striking the officer's left cheek.
The client had obstructed the police officer's lawful performance of official duties.
Fearing that he might receive a serious punishment, the client came to an obstruction of official duties attorney in order to request the assistance of an experienced attorney.
The Client Who Came to the Obstruction of Official Duties Attorney
At the time of the incident, the client was sleeping while intoxicated inside a batting practice range.
To resolve this problem, the owner of the batting practice range reported the matter to 112.
The police officer who responded to the report soon arrived at the scene and asked the client to leave.
The client, who had woken up, became angry, uttered profanities, and assaulted the police officer in the area of the left cheek.
In doing so, the client obstructed the police officer's lawful performance of official duties in handling the 112 report.
Trembling with fear that he might receive a heavy punishment, the client came to an obstruction of official duties attorney.
Statutes Relevant to the Case, Explained by the Obstruction of Official Duties Attorney
Crimes Concerning Obstruction of Official Duties
Article 136 (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 5 years or a fine not exceeding 10 million won.
(2) A person who commits assault or intimidation against a public official for the purpose of compelling him or her to perform an act concerning his or her duties, obstructing such performance, or forcing him or her to resign from office shall also be subject to the same punishment as in the preceding paragraph.
Article 137 (Obstruction of Official Duties by Deceit)
A person who obstructs the performance of a public official's duties by deceit shall be punished by imprisonment for not more than 5 years or a fine not exceeding 10 million won.
Article 143 (Attempts)
An attempt to commit any of the crimes under Articles 140 through the preceding Article shall be punished.
Article 144 (Special Obstruction of Official Duties)
(1) Where a person commits any of the crimes under Article 136, Article 138, and Articles 140 through the preceding Article by displaying the power of an organization or a multitude, or while carrying a dangerous object, the penalty prescribed in each Article shall be aggravated by up to one half.
(2) Where a person commits a crime under paragraph (1) and thereby causes injury to a public official, he or she shall be punished by imprisonment for a definite term of at least 3 years. Where the person causes death, he or she shall be punished by life imprisonment or imprisonment for at least 5 years.
2. The Obstruction of Official Duties Attorney's Strategy to Defend for a Fine
The obstruction of official duties attorney analyzed the client's case with a focus on the circumstances favorable and unfavorable to the client.
The attorney prepared step-by-step responses suited to this and provided assistance to the client.
The Obstruction of Official Duties Attorney's Assistance to Defend for a Fine
▶ The obstruction of official duties attorney emphasized that, in order not to repeat the same mistake, the client was drinking only an amount that would never leave him intoxicated even when social occasions involving drinking arose during his social life, that he deeply regretted his conduct, and that he was resolved to live always with vigilance.
▶ The obstruction of official duties attorney emphasized that, other than having received a fine for drunk driving, the client had no record at all of the same type of crime as this case, and that he was firmly resolved to live with a law-abiding spirit going forward.
▶ The obstruction of official duties attorney emphasized that the client had committed the assault impulsively while intoxicated and with no memory of it.
3. The Court's Determination on the Obstruction of Official Duties Attorney's Arguments
The obstruction of official duties attorney's arguments were accepted by the court, which imposed a relatively light ‘fine’ in the client's case.
It Can Be Advantageous to Proceed with the Case with the Assistance of an Obstruction of Official Duties Attorney
In the case above, a client who had assaulted a police officer lawfully performing his duties requested the assistance of an obstruction of official duties attorney in order to at least avoid an actual custodial sentence.
With the assistance of the obstruction of official duties attorney, the client succeeded in receiving a relatively light ‘fine.’
If you are in a situation similar to this case, you may visit an obstruction of official duties attorney at any time.
We will actively assist with your case.
![공무집행방해 [공무집행방해변호사 조력] 공무집행방해 의뢰인, 전문 변호사 도움받아 “벌금형” 방어 성공](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240620085654049.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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