Counsel by the Namyangju Law Office | The Namyangju Law Office, a Minor Fine for the Client Charged With Obstruction of Official Duties

The client who came to the Namyangju law office was accused of obstruction of official duties.

On the day of the incident, a passerby reported the client after seeing him sleeping on the street following excessive drinking.

While heavily intoxicated, the client directed verbal abuse at the responding police officer, spat in the officer's face, and struck the officer's face with his fist.

Coming under suspicion of obstruction of official duties, the client requested assistance from the 🔗Namyangju law office in order to avoid an actual custodial sentence.

The Namyangju attorney of the Namyangju law office organized the following points regarding the 🔗crime of obstruction of official duties.

Obstruction of official duties refers to

an offense applicable to a person who assaults or threatens a public official performing the duties of the State or a public institution.

• Elements for the establishment of the crime of obstruction of official duties

① against a public official performing official duties (object)
② when assault or intimidation is inflicted (act)

• Article 136 of the Criminal Act (Obstruction of Official Duties)
  ① A person who assaults or threatens a public official engaged in the performance of duties shall be punished by imprisonment for up to 5 years or a fine of up to 10 million won.
  ② The same punishment as in the preceding paragraph shall apply to a person who assaults or threatens a public official for the purpose of compelling the public official to perform or abandon an act in the course of duty, or of causing the public official to resign from office.

• Where the crime of obstruction of official duties is committed in a state of heavy intoxication caused by alcohol or drugs

1. Where a person voluntarily consumes alcohol or drugs intentionally, while foreseeing the commission of the offense, or in order to use it as a ground for exemption after the offense, it is reflected as a general aggravating factor, regardless of whether the person was in a state of diminished mental capacity at the time.

2. Where the person had no intent to commit the offense and did not foresee its commission, but, in light of past experience, the physical condition at the time, the surrounding circumstances, and other factors, has a propensity to affect others, it is not reflected as a mitigating factor, regardless of whether the person was in a state of diminished mental capacity.

The Namyangju law office argued that the client had acknowledged all of the facts from the police investigation stage, had shown a cooperative attitude, and was remorseful for his conduct.

The office emphasized that the client had pledged not to cause harm to society again through such wrongdoing.

At the time, the client was so heavily intoxicated that he was unable to hold himself up and had lain down to sleep on the street.

The Namyangju law office argued that this was a spontaneous offense committed by the client in a state of diminished mental capacity.

The client had ordinarily lived as the head of a family and a diligent member of society.

The Namyangju law office argued that not only the client's family but also his friends, university juniors, and work colleagues were appealing for leniency on the client's behalf.

The client who came to the Namyangju law office came under suspicion of obstruction of official duties and was preparing for litigation.

Through the assistance of the Daeryun Namyangju attorney, the client was able to receive a fine.

At Daeryun Law Firm, experienced attorneys with backgrounds at the courts, the prosecution, and the police personally provide assistance from the consultation through the trial.

Please come to the Namyangju law office of Daeryun Law Firm, which is available for 🔗legal consultation and response throughout the year.