Deals & Cases

Obstruction of official duties
Obstruction of official dutiesFine (criminal penalty)

Anyang Attorney Specializing in Criminal Law | Client Charged With Obstruction of Official Duties Defended to a 'Fine' With the Assistance of an Anyang Attorney

The Anyang attorney specializing in criminal law was contacted by a client who faced the risk of a serious penalty for committing the crime of obstruction of official duties.

The client therefore requested the assistance of the Anyang attorney specializing in criminal law.

1. The Client Who Came to the Anyang Attorney Specializing in Criminal Law

The client who came to the Anyang attorney specializing in criminal law tripped a police officer in an attempt to make him fall forward, spat at him, and kicked his shin, thereby obstructing the police officer's lawful performance of official duties.

The crime of obstruction of official duties is a crime that endangers the police's inherent duty of protecting the lives and property of citizens by nullifying the lawful exercise of public authority.

As the client faced the risk of a serious penalty for obstruction of official duties, the client requested the assistance of the Anyang attorney specializing in criminal law.

How the Client Came to the Anyang Attorney Specializing in Criminal Law

During the holiday, the client visited his maternal grandmother's home and spent time with his family.

At his uncle's urging, the client ended up drinking a large amount of alcohol.

After the gathering with his family at his grandmother's home, the client, while returning home, got into an argument with his younger sibling.

The dispute between the two continued near their home as well.

As the conflict between the client and the sibling gradually intensified, people nearby reported the matter to the police in order to stop the fight, and the police soon arrived at the scene.

When the client, who was heavily intoxicated, tried to lunge at his sibling, the police restrained him.

At this, the client could not contain his anger and tripped the police officer in an attempt to make him fall forward, spat at him, and kicked his shin, thereby obstructing the police officer's lawful performance of official duties.

Seeking to avoid an actual custodial sentence, the client requested the assistance of the Anyang attorney specializing in criminal law.

2. Statutory Provisions Related to the Case, Explained by the Anyang Attorney Specializing in Criminal Law

We will explain in detail the statutory provisions concerning the crime of obstruction of official duties.

Statutory Provisions on the Crime of Obstruction of Official Duties

■ 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 five years or by a fine not exceeding ten million won.
(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 an act in the course of his or her duties or causing him or her to resign from office.

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 five years or by a fine not exceeding ten 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) When any of the crimes under Article 136, Article 138, and Articles 140 through the preceding Article is committed by displaying the collective force of an organization or a multitude or by carrying a dangerous object, the punishment prescribed for each respective Article shall be increased by up to one half.
(2) When a person commits the 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 not less than three years. When such conduct causes death, the punishment shall be life imprisonment or imprisonment for not less than five years.

3. Assistance Provided by the Anyang Attorney Specializing in Criminal Law

In order to obtain a comparatively light 'fine' in the client's case, the Anyang attorney specializing in criminal law analyzed the client's case in depth.

Based on this, the attorney devised a strategy grounded in the circumstances favorable and unfavorable to the client.

Anyang Attorney Specializing in Criminal Law: Emphasizing That the Client Admitted All Charges

The Anyang attorney specializing in criminal law emphasized that the client cooperated faithfully with the police investigation, admitted all of the charges, deeply reflected on his conduct, and prepared a handwritten letter of reflection and submitted it to the investigative authorities.

Anyang Attorney Specializing in Criminal Law: Emphasizing the Absence of Any Risk of Reoffending by the Client

The Anyang attorney specializing in criminal law emphasized that, before this incident, the client had lived a diligent life and had no prior record of the same type of offense, nor any involvement in any crime.

The client took this incident as a valuable opportunity to reflect on his conduct and his life,

and because he no longer drinks alcohol, which was the cause of this incident, the attorney emphasized that there is no risk of the client reoffending.

Anyang Attorney Specializing in Criminal Law: Emphasizing That the Client's Family Pleaded for Leniency

The Anyang attorney specializing in criminal law emphasized that the client's family members and acquaintances earnestly hoped for leniency toward the client and that the client's social ties are well established.

4. The Court's Decision on the Anyang Attorney's Arguments

The court accepted the arguments of the Anyang attorney specializing in criminal law and imposed a comparatively light 'fine'.

If You Need the Assistance of the Anyang Attorney Specializing in Criminal Law

In criminal cases, the initial response is very important. In order to secure the critical early window in a criminal case, the assistance of an attorney specializing in criminal law can be said to be essential.

Daeryun Law Firm forms teams of attorneys specializing in criminal law, ranging from three to twenty members according to the scale of the case, and presents reasonable and appropriate strategies for criminal cases.

In addition, because the firm operates a system that provides consultation and emergency response 365 days a year, 24 hours a day,

if you need the assistance of an attorney specializing in criminal law, please contact the Anyang attorney specializing in criminal law.

안양형사전문변호사 | 공무집행방해죄 의뢰인, 안양형사전문변호사 조력으로 ‘벌금형’ 방어

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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