Bucheon Law Firm Assistance Case | With the Assistance of the Bucheon Law Firm, a Client Charged With Obstruction of Official Duties and Infliction of Bodily Injury Receives a Suspended Sentence

The client had drinks at a bar and took a taxi to go home.

After getting out in front of the house, the client was too intoxicated to find the way home and lay down in the street.

The taxi driver, worried that the client might not make it home, reported the matter to the police.

A police officer then responded and helped the client up.

The client cursed at the police officer and shoved the officer with their body three times.

In the end, the client, who inflicted injuries on the police officer requiring approximately two weeks of treatment, was charged with obstruction of official duties and infliction of bodily injury and sought the assistance of the Bucheon law firm.

The Bucheon law firm explained the 🔗crime of obstruction of official duties and the 🔗crime of infliction of bodily injury.

■ Article 136 of the Criminal Act (Obstruction of Official Duties)

① A person who assaults or intimidates a public official engaged in the performance of duties shall be punished by imprisonment with labor for up to 5 years or by 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 intimidates a public official for the purpose of coercing or obstructing the official to perform an act relating to their duties, or to make the official resign from office.

■ Article 257 of the Criminal Act (Bodily Injury, Bodily Injury to a Lineal Ascendant)

① A person who inflicts bodily injury upon another shall be punished by imprisonment with labor for up to 7 years, suspension of qualifications for up to 10 years, or a fine of up to 10 million won.

② A person who commits the offense under paragraph (1) against their own or their spouse's lineal ascendant shall be punished by imprisonment with labor for up to 10 years or by a fine of up to 15 million won.

③ An attempt to commit the offenses under the preceding two paragraphs shall be punished.

*Because the level of punishment may differ depending on the individual circumstances, for an accurate review of the situation we recommend a 🔗legal consultation with an attorney.

The client felt sincerely sorry toward the injured police officer and wrote a letter of apology.

The Bucheon law firm emphasized that the client deeply regretted the consequences brought about by the client's conduct and was showing remorse.

Bodily injury refers to physical harm severe enough to impair daily life.

Citing a ruling on the infliction of bodily injury, the firm argued that the injured police officer's wound was minor, so the offense was not established.

The client does not usually drink, but the day of the incident was an exception when he had been drinking.

The firm argued that the client, intoxicated and unable to grasp the situation, committed the offense on the spur of the moment.

With the firm's assistance, the client received a suspended sentence for obstruction of official duties and the infliction of bodily injury.

For these charges, being intoxicated may work as an unfavorable factor rather than a ground for mitigation in sentencing.

For this reason, promptly retaining an attorney is a sensible approach.

At Daeryun, we gather objective evidence from the early stages and provide a strategy tailored to the client's circumstances.

If you are in a situation like the one above, please feel free to request assistance from a 🔗Bucheon attorney at any time.