2018Gohap168 Concealment of evidence

A

The highest court (prosecutions, public trials), transfer to another court, immigration resources, and Kim Jong-Un (public trial)

Attorney Park Sang-hoon

August 3, 2018

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. To order the defendant to provide community service for 120 hours.

Criminal facts

The defendant is a person who works as a driving engineer of D, who is a representative director, in a corporation (hereinafter referred to as "C") with the fourth floor of the building in Manyang-si, Busan Metropolitan City.

On November 2017, the defendant is from C office to D in relation to the accused case, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. against Denman D on November 2017.

In order to the effect that articles that could be misunderstood in relation to the investigation by the prosecution are transferred to an officetel, and the documents related to the above case which were kept in the above office were transferred to the Etel F in Busan-dong Etel in the name of the defendant.

D On December 5, 2017, in the process of the prosecutor’s search and seizure of the office C and D’s residence, etc., it is anticipated that D’s place of concealment would be discovered due to text messages that concealed the case, etc. stored in the above cell phone in the above office. As such, since it is expected that the above office was removed by contact with the Defendant on the same day, it would immediately be removed from the office, and the above documents were moved to another place. At around 16:56 and around 21:10 on the same day, the Defendant moved the above documents, etc. stored in the above office to H building, which is the Defendant’s residence in Yongsan-gu, U.S., and one another place. On December 12, 2017, the Defendant moved the above documents, etc. stored in the above office, etc. to the Defendant’s office, which is a mobile phone owner’s cell phone, to another place where the Defendant’s cell phone would have been removed. On the same day, the Defendant transferred the above documents to H.

Accordingly, the defendant concealed evidence on another person's criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Statement made to the prosecution by the N;

1. A copy of the investigation report (emergency search and seizure warrant execution report - K published source), three copies of the issuance of the list of seizure, three copies of the on-site investigation report -CCTV, three copies of the list of seizure;

1. Investigation Report (emergency search and seizure warrant execution report - Application of Acts and subordinate statutes to H buildings);

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 155(1) of the Criminal Act (Appointment of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Code (hereinafter referred to as the "grounds for a two-dimensional sentence"), one of the favorable circumstances

1. Social service order;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for not more than five years;

2. Application of the sentencing criteria;

[Determination of Penalty] Type 1 of the Destruction of Evidence (Recepting of Evidence) that is concealed by the destruction of evidence

【Special Convicted Person】

[Scope of Recommendation] Basic Field, 6 months to 1 year and 6 months

3. Determination of sentence: Imprisonment with prison labor for one year, suspended sentence for two years and the following circumstances shall be taken into consideration, and the defendant's age, character and conduct, growth process, environment, motive, means and result of the crime, various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime, and the scope of recommended sentences in the sentencing guidelines shall be determined as ordered.

[Improper] The crime of concealing evidence is highly likely to be a criminal act that obstructs the exercise of the State’s appropriate judicial power by concealing evidence. The defendant moved the evidentiary documents, etc. in the office to his/her office to Htel, and moved to H building again, and then moved to another place three times in total by re-transfering them to the K latter under the name of the defendant's birth. In particular, the last shift to the K Public Notice on December 7, 2017, which is the head of the Gu before receiving D's instructions, was first proposed to D and was actively committed by the defendant before receiving D's instructions. In particular, even if the evidentiary documents, etc. were moved to the K Public Notice on December 7, 2017, the defendant stated that the defendant's direct destruction of the office on December 8, 2017, which was not suitable for the defendant's direct destruction of the articles that were being kept in his/her possession on the day of December 5, 2017.

【Free Circumstances】

The Defendant is both aware of the facts constituting the crime and is against his wrongness. The Defendant was enrolled in C around July 2006, and was working for approximately 11 years with D's driver and performance fee at the time of committing the crime.

For this reason, it seems difficult to refuse D's order of concealment of evidence.The concealed documents, etc. are identified in the investigation agency and secured as evidence. There is no history of criminal punishment.

The presiding judge; and

Awards and Decorations for Judges

Judges Lee Jong-deok