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TITLE Supreme Court Decision 2013Do11233 Decided March 10, 2016¡¼Breach of Trust by Taking a Bribe; Violation of the Livestock Products Sanitary Control Act (formerly the Processing of Livestock Products Act); Fraud; Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Tax); Violation of the Punishment of Tax Evaders Act¡½ [full Text]
Summary
In cases where a prosecutor or a judicial police officer seizes a separate piece of evidence irrelevant to the suspected criminal facts which were the bases of issuing the warrant, whether the said piece of evidence may be admitted into evidence for conviction (negative in principle)
In cases where an investigating agency returns the separate piece of evidence and later seizes it again upon voluntary production, the party bearing the burden of proving the voluntariness of production (i.e., the prosecutor) and the standard of proof; and in cases where the evidence cannot be deemed to have been voluntarily produced, whether it may be admissible as evidence (negative)
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