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(영문) 서울북부지방법원 2013.06.27 2013고단201
공무집행방해등
Text

1. Defendant B’s imprisonment with prison labor for one year and six months, Defendant C’s imprisonment for eight months, Defendant A’s fine for KRW 3,00,000, and Defendant D.

Reasons

Punishment of the crime

M, called “L”, at India called “L”, was operated directly from the street store that sells counterfeit goods, etc. in the vicinity of the Seoul Central District N, Defendant C supplied electricity to the street shop that directly operates the street shop or sells counterfeit goods, and Defendant C directly sold counterfeit goods while operating the street shop in the above L route. Defendant C directly sold counterfeit goods. Defendant D managed the sales price of goods from the street shop directly operated by Defendant C’s spouse. Defendant D operated the street shop in the above L route, and Defendant E operated the street store in the above L route.

1. Defendant B and Defendant D’s obstruction of the performance of official duties on October 4, 2012: (a) around 00:05, Defendant B and Defendant D prevented the prosecution investigators from approaching C from approaching the arrest warrant issued due to suspicion of violating the Trademark Act; (b) Q, an prosecutory investigator exclusively in charge of intellectual property rights of the Seoul Northern District Prosecutors’ Office, from notifying the facts charged to C; and (c) executing the arrest warrant issued by the judge; and (d) Defendant B obstructed the prosecution investigators from approaching C.

In addition, Defendant B committed assault and assaulting the above prosecutorial investigator by pushing ahead of his arms, “We are Mara, inside, and inside. b. Do,” and Defendant D committed assault and assaulting the above prosecutorial investigator to prevent him from executing a warrant of arrest against C, along with his name incompetence.

Since then, Defendant B tried to capture the body of the above prosecutorial investigator to a escorting vehicle by following C, and tried to escape C by resisting to avoid entering the back of the above vehicle.

As a result, the Defendants assaulted the above prosecution investigators to prevent the execution of arrest warrant against C, thereby hindering the legitimate execution of official duties concerning the execution of arrest warrant.

2. Defendant B’s obstruction of performance of official duties and obstruction of performance of official duties.

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