Does a person who deleted evidence fall under the crime of destruction of evidence?

It is confirmed that you have asked whether, in the case where the other party intentionally deleted digital data that could serve as evidence, it may fall under the crime of destruction of evidence.

First, under the Criminal Act, the crime of destruction of evidence is established when a person destroys, conceals, forges, or alters evidence in another person's criminal case or before the institution of prosecution.

In other words, where a person intentionally deletes or hides evidence related to another person's criminal case, the 'crime of destruction of evidence' may be established.

However, as in your situation, where a person deletes evidence in an ordinary civil case, such as a divorce, it is difficult to be punished for the crime of destruction of evidence under the Criminal Act.

That said, if it is recognized that, during the divorce litigation, the other party maliciously deleted or concealed evidence, an indirect disadvantage may arise, such as the court evaluating the credibility of the other party's claims as low.

You have also asked whether the deleted content can be recovered.

Through digital forensics, a considerable portion of the texts, photographs, messenger conversations, and the like that your husband deleted can be recovered.

They can be analyzed and restored from data traces remaining on the mobile phone, laptop, cloud, and the like.

If such recovered materials are lawfully collected, and a forensic report that can prove their integrity is attached, they can be used as evidence in litigation as well.

Therefore, please be sure to proceed with the assistance of an expert.