2020Do2371(a)

(b) A evidence concealment teacher;

(c) Destruction;

(d) Concealment of evidence;

1.(a)(b)

A

2. (c)

B

3.(c) ;

C

Defendants

Law Firm LLC (For the defendant A and C)

Attorney Kim Noise-hee, Counsel for the plaintiff

Attorney Park Jong-young (for the defendant A)

Attorney Lee Im-soo (Presiding Justice for Defendant B)

Seoul Central District Court Decision 2019 2665 Decided January 31, 2020

April 29, 2020

All appeals shall be dismissed.

The grounds for appeal are determined.

1. As to the grounds of final appeal by Defendant A and C, the lower court upheld the first instance judgment convicting Defendant A and C of the facts charged (excluding the part not guilty) on the grounds as indicated in its holding. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the crime of destroying evidence, concealing evidence, aiding and abetting evidence, destroying evidence, and concealing evidence, or distinguishing between the co-principal and the co-principal.

2. As to the grounds of appeal by Defendant B, the allegation that the judgment of the original court erred by exceeding the bounds of the principle of free evaluation of evidence against the facts prior to sentencing constitutes an unfair judgment. However, according to Article 383 Subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal for the reason of unfair sentencing is allowed. Thus, in this case where Defendant B was rendered with respect to a minor sentence, the allegation that the sentence of punishment is unfair does not constitute a legitimate ground of appeal.

3. Conclusion

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Min You-sook

Justices Kim Jae-hyung

Justices Lee Dong-won

Jeju High Court Decision 205No10