Calculators & Self-ChecksProsecution Request Estimator
Destroying evidence or hiding a witness: statutory penalty and likely requested sentence
The statutory penalty for Destroying evidence or hiding a witness and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 5 years in prison or a fine of up to KRW 7 million
- Legal basis
- Criminal Act, Article 155(1) and (2)
- Category
- Public duties
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Detention considered
- Likely requested sentence
- 1 to 3 years in prison
If there is a prior conviction for obstructing justice, organized activity or payment, investigation in detention is considered.
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year or more in prison
A person who had someone else destroy evidence is, as a rule, sent to a formal trial.
Formal trial (prison sentence requested)
- Likely requested sentence
- 10 months or more in prison
Summary fine
- Likely fine
- KRW 2 million or more
Summary fine
- Likely fine
- KRW 1 million or more
Notes
- This applies when you destroy evidence or hide a witness in someone else's criminal or disciplinary case. Evidence in your own case does not count.
- It is not punished when a relative or a family member living with the person does it for that person.
Frequently asked questions
- Destroying evidence or hiding a witness: what is the statutory penalty?
- Legal basis: Criminal Act, Article 155(1) and (2). Statutory penalty: Up to 5 years in prison or a fine of up to KRW 7 million.
- Destroying evidence or hiding a witness: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Summary fine. Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Fraudulent passport issuance (false statements, etc.)
- Using another person's passport, or transferring or lending a passport
- Receiving or borrowing another person's passport
- Obstruction of the performance of official duties
- Special obstruction of official duties, etc.
- Perjury
- False accusation
- Harboring a criminal (helping a criminal escape)
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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