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(영문) 인천지방법원 2018.09.06 2018고단3969
증거인멸
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 24:30 on May 24, 2015, the Defendant came to know that E, F, etc. received calls from E and approximately five hours prior to approximately five hours before committing robbery, such as taking people knife to get money from G hotel rooms in Gwangjin-gu Seoul Special Metropolitan City, and immediately after driving the Defendant’s SUV vehicle in the vicinity of the large area of Gwangjin-gu Seoul Special Metropolitan City.

The Defendant, while holding a meal with E at that place, laid the blades, knicks, etc. used in committing the crime of robbery in the river section, and thought to remove any unfavorable evidence against E and F.

The Defendant: (a) driven the above SUV vehicle on the front line; (b) moved the above SUV vehicle to the Buddhist telecom near the Seoul New Village; (c) moved the string line of vehicles, and the gambling room containing the mobile phones, etc., parked in the said place; (d) moved the Defendant’s SUV vehicle to the string line of vehicles; (e) drive the above SUV vehicle on the front line; and (e) destroyed evidence on the other’s criminal case in which the Defendant parked the above SUV vehicle under the middle right side of the quarter where the Defendant entered the Incheon Airport and the GUV vehicle, and moved to the Han River; and (e) drive the above SUV vehicle on the front line of vehicles; and (e) moved the dangerous weapons used in the crime committed in the said GUV vehicle into the Han River.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to a copy of case records (related to deadly weapons seized);

1. Relevant Article 155 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment / [the first type] destruction of evidence [the six months - one year and six months] general mitigated person: in case where destroyed evidence was restored (recept) the defendant was indicted for the reason for the stay of execution / even according to the criminal charges prosecuted or the defendant's defense counsel, the defendant was charged with a crime that is biased to his interest in exchanging with violent criminals.

In particular, while preparing a deadly weapon, the defendant got to the place where the defendant was introduced, the injury caused by robbery at that place.

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