(영문) 서울중앙지방법원 2014.11.28 2014노2134

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(영문) 서울중앙지방법원 2014.11.28 2014노2134

증거인멸

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles were not intentionally deleted the files from office PC, and the Defendant was unable to verify the time for deletion of the files, and there was no evidence that the Defendant destroyed the files. However, the lower court recognized that the Defendant, by misunderstanding of facts, deleted the files during each specific period of time as of March 12, 2013, 11:29; 15:00 on April 19, 2013; and 23:40 on May 12, 2013.

B) In addition, the Defendant’s practice is a Moo0 Ani-Redelivery Program (hereinafter “Moo0 Program”).

(C) In light of the fact that the Defendant did not carry out the Fil-Ler, a strong means of destroying evidence, which was installed on May 13, 2013, and did not use a method of easy destruction of evidence such as replacement or DNA, it is difficult to deem that the Defendant had the intent to destroy evidence solely on the basis of the fact that the fact that the Defendant carried out the Moo0 program does not specify the name and content of the file that the data itself was destroyed, and that the data was easily restored. However, the lower court determined that it was impossible to confirm whether the file was admissible or not, and that there was no serious obstacle to the Defendant’s defense right to defense, as the file that was already printed out on the computer and the evidence destroyed by the Defendant cannot be verified, and that there was no serious obstacle to the Defendant’s exercise of the right to defense. Therefore, the lower court did not err in doing so.

B. The Prosecutor’s sentence of the lower court is too minor.

2. Determination

A. Determination on the Defendant’s assertion of mistake of facts and misapprehension of legal principles 1) The Defendant did not delete the file at each specific time set by the specific time (see, e.g., Supreme Court Decisions 11:29, Mar. 12, 2013; 15:00, Apr. 19, 2013; 23:40, May 12, 2013).

유사 판례

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