TITLE	Supreme Court Decision 2015Do12400 Decided September 21, 2017¡¼Violation of the Public Official Election Act and the Personal Information Protection Act¡½ [full Text]
Summary
[1] Legislative intent of the Criminal Procedure Act that provides for a search and seizure warrant to be shown to the person from whom evidence is to be seized when the warrant is executed Scope and method of presentation of a search and seizure warrant [2] In the process of taking a storage device containing digital information or its duplicate to an investigation agency, etc. and copying, searching, and printing out the information, where the person from whom the storage device is to be seized or his/her attorney is not given the opportunity to be present during the search and seizure, or where proper measures are not taken to prevent random copying, etc. of digital information irrelevant to the suspected criminal facts, whether the search and seizure is lawful (negative in principle), and whether the same applies in cases where an investigation agency copied and printed out only digital information relevant to the suspected criminal facts from a storage device or its duplicate (affirmative) [3] Exceptional cases where evidence collected without due process can be used to determine guilt, and the person bearing the burden of proof regarding the existence of such exceptional circumstances (held: prosecutor) Matters for a court to consider when it finally determines the admissibility of secondary evidence

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