CONTENTS
- 1. Perjury/Destruction of Evidence | Meaning
- - Elements of Perjury
- - Elements of Destruction of Evidence
- 2. Perjury/Destruction of Evidence | Severity of Punishment
- - Sentencing Standards
- - Severity of Punishment as Seen Through Relevant Precedents
- 3. Perjury/Destruction of Evidence | How to Respond
- - When You Receive Notice of an Investigation by an Investigative Agency
- - When You Wish to Deny the Charge or Reduce Your Sentence
- 4. Perjury/Destruction of Evidence | If You Need the Assistance of an Attorney?
1. Perjury/Destruction of Evidence | Meaning
Perjury and destruction of evidence are offenses that impair the probative value of evidence by tangible or intangible means.
Perjury is an offense established by giving a false statement in legal proceedings, while destruction of evidence is an offense established by the specific act of destroying evidence.
Both offenses require specific legal analysis, and they share the common feature of causing harm to the probative value of evidence.
Elements of Perjury
Perjury is established where a person gives testimony in court that is untrue, or where the content of a written statement differs from the facts.
▶ Elements of Perjury
2. When a false statement is made with intent to commit perjury
Elements of Destruction of Evidence
Destruction of evidence is established when a person destroys, conceals, forges, or alters evidence relating to another person's criminal case or disciplinary case.
However, where a person destroys evidence relating to that person's own criminal case, destruction of evidence is not constituted.
▶ Elements of Destruction of Evidence
2. Excluding cases where a person destroys evidence relating to that person's own criminal case
2. Perjury/Destruction of Evidence | Severity of Punishment
Perjury and destruction of evidence are punished under Articles 152 and 155 of the Criminal Act.
In addition, a person who instigates perjury or destruction of evidence may be punished with the same penalty.
▶ Criminal Act Article 31 (Instigator)
▶ Criminal Act Article 152 (Perjury, Perjury With Intent to Harm)
When a witness who has taken an oath makes a false statement | Imprisonment for up to 5 years or a fine of up to 10 million won |
A defendant, suspect, or When perjury is committed with intent to harm a person under disciplinary suspicion | Imprisonment for up to 10 years |
▶ Criminal Act Article 155 (Destruction of Evidence)
When evidence is destroyed, concealed, forged, or altered | Imprisonment for up to 5 years or a fine of up to 7 million won |
A defendant, suspect, or When evidence is destroyed with intent to harm a person under disciplinary suspicion | Imprisonment for up to 10 years |
However, destruction of evidence is subject to a special provision for relatives, so where a relative or a cohabiting family member destroys evidence on a person's behalf, that person is not punished.
Sentencing Standards
Perjury
▷ If the perjury concerns a peripheral matter and lacks significance
▷ Participation in the offense under another person's coercion or threat
▷ Diminished mental capacity
▷ Voluntary surrender or confession
▷ Willful negligence (dolus eventualis)
▷ Passive participation▷ Where, in light of all the circumstances, the credibility of the testimony is extremely low
▷ If the testimony is false but corresponds to objective fact
▷ Genuine remorse
▷
▷ The victim does not wish for punishment, or substantial recovery of the harm (including a deposit in court)
Destruction of Evidence
▷ If there are particularly mitigating grounds in the participation in or the motive for the offense
▷ Diminished mental capacity
▷ Voluntary surrender
▷ Passive participation
▷ If the destroyed evidence has been restored
▷ Genuine remorse
▷ No prior criminal punishment
▷ The victim does not wish for punishment, or substantial recovery of the harm (including a deposit in court)
Severity of Punishment as Seen Through Relevant Precedents
Busan District Court, Judgment of April 21, 2008, 2008 Godan 803
B then appeared as a witness on the trial date and, after taking an oath, gave false testimony at A's request even though B had not witnessed the disputed facts.
Seoul Southern District Court, Judgment of April 27, 2015, 2015 Godan 644
A operated a speculative game arcade and was subjected to a crackdown in which game machines and other items were seized, and A asked for help in exchanging key parts of the seized game machines for counterfeit products so that they could be recovered
The defendant conspired with one other police officer and destroyed evidence relating to a criminal case.
3. Perjury/Destruction of Evidence | How to Respond
Because perjury and destruction of evidence are offenses that damage and destroy evidence, the legal interest they protect is the State's judicial authority.
Because these offenses impair the probative value of evidence and obstruct the proper conduct of criminal proceedings, they may be subject to substantial punishment.
Accordingly, where a person is charged with perjury or destruction of evidence, it is necessary to conduct a specific legal review of whether the offense is established.
When You Receive Notice of an Investigation by an Investigative Agency
If you have received a request to appear before an investigative agency, you should first calmly organize the content of your own statements.
It is important to record in specific detail the circumstances at the time of the statement, what was said, and the parts that you do not remember precisely.
In particular, you should clearly organize any parts that could be misunderstood as false, as well as the purpose and intent of any conduct related to the evidence.
When You Wish to Deny the Charge or Reduce Your Sentence
You should prepare so that you can establish on your own that there was no intent to commit perjury or destruction of evidence.
For example, even if you took part in the conduct in question, you should be able to explain in specific detail that you participated in the offense unavoidably due to coercion or pressure from another person.
In addition, if it can be confirmed that the destroyed evidence has been recovered or that the harm has been substantially remedied, actively asserting this can have a positive effect on the reduction of the sentence.
▶ If the evidence has been recovered or the harm has been remedied
4. Perjury/Destruction of Evidence | If You Need the Assistance of an Attorney?
Perjury and destruction of evidence are legally very complex and carry heavy punishment, so a response must be prepared promptly.
In particular, denying a charge or obtaining a reduced sentence requires a thorough review of the legal issues and the development of a strategy.
This firm has many criminal attorneys with an average of more than 10 years of experience, and it provides tailored response strategies for perjury and destruction of evidence cases.
In addition, working in collaboration with our in-house Evidence Investigation Center and Digital Forensics Center, the firm promptly secures and analyzes core evidence such as transcripts, CCTV footage, and records, and objectively assesses the favorable and unfavorable factors in the case.
On this basis, the firm develops the defense theory and provides systematic legal services from the investigation stage through trial.
If you have received notice of an investigation for perjury or destruction of evidence, or are facing trial, please request the assistance of a criminal attorney at Daeryun Law Firm at any time.
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