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TITLE Supreme Court Decision 2020Do10729 Decided November 26, 2020 【Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Taking Pictures by Using Camera, etc.)】 [full Text]
Summary
[1] Whether an opportunity that makes it possible for the arrested or his/her defense counsel to participate in such a process ought to be guaranteed, and appropriate measures to prevent arbitrary duplication, etc. of electric information irrelevant to the facts of suspicion ought to be taken where the copies of storage media, hard copies, imaging, etc. including electric information are moved to an office, etc. of the investigative institution, duplicated, searched, and printed out in the process of seizure and search for storage media (affirmative), and whether the seizure and search are legitimate where such measures are not taken (affirmative in principle)
Whether this is likewise applicable even in a case where the investigative institution merely duplicates and prints out electric information relevant to the facts of suspicion from storage media or copies thereof (affirmative)
[2] Whether the right of the defense counsel to participate stipulated in Articles 219 and 121 of the Criminal Procedure Act corresponds to inherent powers given to the defense counsel to protect the arrested (affirmative)
Whether an opportunity to participate in the execution of a warrant of seizure and search ought to be separately ensured by notifying the defense counsel of the date, time, and place of the execution in a case where the arrested specifies his/her intention that he/she will not be present when the investigative institution executes a warrant of seizure and search (affirmative in principle)
[3] The purpose of Article 308-2 of the Criminal Procedure Act, which specifies the principle of exclusion of the illegally obtained evidence
Whether the evidence collected without following the due process and the secondary evidence obtained based thereon may be admitted as evidence (affirmative in principle)
The cases where the illegally obtained evidence and the secondary evidence obtained based thereon can be exceptionally admitted, and the standards for judgment thereon
Prev Supreme Court Decision 2014Du46485 Decided November 26, 2020【Revocation of the Disposition Rejecting Claim for Correction】
Next Supreme Court en banc Decision 2016Da13437 Decided November 26, 2020【Violation of the Duty of Preferential Reemployment, etc.】
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