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(영문) 서울남부지방법원 2015.04.27 2015고단644
증거인멸
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who served as a police officer from March 30, 1990 to June 18, 2009.

C From April 29, 2009 to May 4, 2009, when operating a speculative game room without any trade name in Yeongdeungpo-gu Seoul Metropolitan Government D, it was subject to the control from E AssistantF, etc. of the Yeongdeungpo-gu Police Station E AssistantF, which was dispatched upon receipt of a report, and seized 42 marine camping games in the above game room.

C In mind that the Defendant, who had worked at the G district unit of the Mak Police Station G district at the time, asked the Defendant to exchange the above LROM monitors with fake products. The Defendant confirmed that the above LROM monitors, etc. were stored in the above game site, and requested a slope I belonging to the H district unit of the Yeongdeungpo-gu Police Station in the Yeongdeungpo-gu Police Station in charge of the above fact that they were stored in the above game site, and requested the Defendant to replace the above LROM monitors, etc.

On May 6, 2009, between 03:00 and 05:00, the above I used guard in the above game room. At the above request of the defendant, the above I opened the door of the above game room and opened it out, and five persons under the direction of C and the name false boxes were replaced by a fake monitor 41, 10, and 40, respectively.

Accordingly, the Defendant, in collusion with the above I, C, destroyed evidence related to the above C criminal case, such as monitoring of the above LROM.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of seizure and the list of seizure;

1. Investigation report (change of monitoring contents of seized articles);

1. The police statement of K;

1. An investigation report (in cases of photographs, etc. of replaced fake monitors);

1. A survey report (CCTV data);

1. Application of each protocol of examination of suspect to the prosecution by J and I

1. Relevant Article 15(1) of the Criminal Act regarding criminal facts, Article 155(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing of imprisonment is that the State’s function of criminal justice is harmed.

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