Cheonan Law Firm | A Cheonan Attorney Helps a Client Booked for Obstruction of Official Duties Conclude the Case With a Suspended Sentence

The Cheonan law firm attorney's client was intoxicated and was greatly agitated by the quarrel with the passerby.

The client's quarrel with the passerby escalated into a physical altercation, and the owner of the sundae-gukbap restaurant who witnessed this reported the client to the police.

The Cheonan law firm attorney's client also got into a scuffle with the responding police officer.

The client explained to the Cheonan attorney that the passerby had started the dispute first, leading to the fight, and that the client was upset that the responding police officer restrained the client first rather than apprehending the passerby.

So, while protesting to the responding police officer, the client exerted physical force, pushing the officer a couple of times and grabbing the officer by the collar.

The Cheonan law firm attorney's client claimed that, in the process of restraining the client's whole body, the responding police officers kicked the client about four times.

At this, the client became even more agitated and angry, and while lying down, the client kicked at the police officers, ultimately being arrested for obstruction of official duties, as the client explained.

The Cheonan law firm attorney explained that obstruction of official duties is punished under the Criminal Act.

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

Obstruction of official duties is committed, as in the client's case, when a person exerts physical force against the lawful official act of a public official, which is punished as conduct that unlawfully infringes on the official act.

A public official under the Criminal Act refers to a person who, on the basis of statutes, engages in the affairs of the State, a local government, or a public corporation equivalent thereto, and whose labor is not limited to simple mechanical or physical work.

For this reason, the scope of application of the offense varies, depending on what official duty the victim was performing, such as whether obstruction of official duties is committed or whether it amounts to ordinary assault or intimidation.

In particular, for obstruction of official duties to be committed, it requires an active act to the degree of obstructing the lawful official duties of a public official.

The purpose of obstructing the performance of official duties is not required, but because there is no separate provision punishing attempts, caution is needed, since if the assault or threat creates an abstract risk of obstructing the official duties, it is punished as a completed offense without exception.

The Cheonan law firm attorney explained that, if you have been booked for obstruction of official duties as the client was, a settlement with the public official who is the victim is the most important thing.

In particular, if the assaulted victim (the public official) submits an opinion strongly seeking punishment, there is a risk that the sentence will be increased, so it is important to apologize to the victim and reach an amicable settlement.

The attorney emphasized that the client was a law-abiding citizen with no prior criminal record, and that this was the first time he had assaulted a public official.

The attorney also explained that the client acknowledged all of his wrongdoing in connection with this assault and was deeply remorseful.

The client argued that he had long suffered from mental illnesses such as depression and panic disorder, so that his mental state was not sound at the time of the incident.

He further explained that he had been heavily intoxicated, which had clouded his momentary judgment, and that the incident was an impulsive assault that occurred while he was agitated from a fight with a passerby.

The client explained that he had visited the attorney and the injured police officers to sincerely apologize and ask for their forgiveness.

With the attorney's help, the client was able to reach an amicable settlement with the officers, convey his apology, and firmly resolve not to reoffend.