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Q
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This time I drank a bit and, being drunk, was lying on the road, and someone saw that and reported it to the police, so the police were dispatched. I was so drunk that I did not even know who they were and swore at the police, so now I am in a situation where I have to go in for a police investigation for obstruction of official duties, and I am scared because I do not remember. Would writing a letter of apology also be a ground for receiving somewhat lighter punishment for obstruction of official duties?
Punishment for obstruction of official duties
Answer
Published:
Author : DongIl PARK
Hello. This is Daeryun Law LLC.
Even if you do not remember, it is an established fact that you already committed violent words and conduct toward the police officer.
In that case, you need to consider what response plan you should take in order to avoid punishment for obstruction of official duties.
If you are currently being charged with assaulting a public official and causing bodily injury, you may, under Article 136 of the Criminal Act, be subject to imprisonment with labor for up to 5 years or a fine of up to 10 million won, so before the police investigation you should consider what strategy to respond with, together with an attorney.
Punishment for obstruction of official duties is a more serious matter than you might think, but most clients tend to respond complacently, saying they were intoxicated. However, if the degree of assault is severe or an injury was caused, an aggravated punishment may be imposed.
In addition, the more the charge has become an established fact, the sentencing conditions that the investigative agency regards as most important are as follows.
They are how much of an attitude of remorse you have regarding the charge, what efforts you made to remedy the victim's harm, and whether you made efforts not to reoffend.
Of course, as you mentioned, you can appeal for leniency by submitting a letter of apology reflecting on your conduct and petitions from people around you, but please note that it is difficult to receive leniency through the submission of a letter of apology alone.

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