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What is the offense of fabricating evidence, and how is fabricating evidence punished?
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If someone manipulates or creates false evidence in a case, what punishment do they face? It seems the charge of the offense of fabricating evidence applies; is that correct? I am curious whether the act of fabricating evidence can be subject to serious legal punishment.
Offense of fabricating evidence
Answer to Related Inquiry
Author: 정찬우
The offense of fabricating evidence is a crime prescribed in Article 155 of the Criminal Act, and it is the act of intentionally manipulating or falsely creating evidence to be used in a trial.
This crime is the act of falsely creating evidence that may be used in a criminal case, civil litigation, or administrative proceedings and submitting it to a trial, and it is regarded as an act that seriously undermines legal trust.
Fabrication of evidence can take various forms, such as documents, statements, witness testimony, and physical evidence.
The offense of fabricating evidence is a very serious crime, and the punishment is also severe.
According to the Criminal Act, a person who fabricates evidence may be subject to imprisonment for not more than 5 years or a fine of not more than 7 million won.
If false evidence has affected a serious case, the punishment can be even harsher.
In addition, since the offense of fabricating evidence includes not only the act of creating evidence but also submitting fabricated evidence, all acts related to this may be subject to legal punishment.
Fabricating evidence is a serious crime that disturbs legal ethics and disrupts the judicial system, so to avoid the legal risks related to it, it is important to receive legal advice from a professional.
At Daeryun, we provide guidance on the legal response to fabrication of evidence and on how to avoid punishment.
In addition, we will assist in the process of collecting lawful evidence without fabricating it.
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JungKyu Park
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Senior Judge, Ansan Branch, Suwon District Court, Supreme Court Trial Researcher, Judge Experience
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