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(영문) 서울고등법원 2019.02.01 2018노2292
증거은닉
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (two years of suspended execution in one year of imprisonment, and 120 hours of community service) is too unreasonable.

Judgment

The lower court: (a) concealed evidence concealment; (b) the Defendant moved the evidentiary documents, etc. in C office to another place on three occasions in total; and (c) on December 7, 2017, the last day of the transfer of evidentiary documents, etc. in C office to K published, the Defendant first proposed D before receiving D’s instructions; (d) the Defendant appears to have actively committed a crime, not to have complied with D’s instructions; and (e) the Defendant transferred evidentiary documents, etc. on December 7, 2017 to K published on December 8, 2017, while the Defendant moved the evidentiary documents, etc. from the written statement submitted to the public prosecutor on December 8, 2017 to the public prosecutor’s office, destroyed the articles kept in Etel by the Defendant’s instructions on December 5, 2017 at the nearest rhetoral IC on a direct disposal site.

In light of the fact that the nature of the crime is not very good due to the false statement, etc. of the defendant, the defendant was employed in C around July 2006, when committing the crime of this case, and the defendant was employed in C, and the defendant was employed in Korea for about 11 years as well as driving engineer at D at the time of committing the crime. It seems that it was difficult to refuse the instructions for concealing evidence. The concealed documents, etc. are identified and secured by the investigation agency as evidence, and the concealed documents, etc. are determined within the scope of the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, considering the favorable circumstances that are favorable to the defendant, such as the fact that the defendant has no record of criminal punishment.

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the court below until the trial is held.

Defendant. Other defendant.

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