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TITLE | Supreme Court Decision 2020Da290569 Decided March 12, 2024 ¡¼Damages (Etc.)¡½ [full Text] |
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Summary | |
¡¼Main Issues and Holdings¡½ [1] Cases where a senior judicial police officer¡¯s judgment or disposition made during the investigative activities or investigation process are considered unlawful and whether the finding of unlawfulness is not affected by the prosecutor¡¯s disposition not to charge the suspect or the court¡¯s rendition and finalization of acquittal in the future, for example, on the grounds of insufficient evidence to prove the existence of criminal facts (affirmative) [2] In a case where a senior judicial police officer¡¯s independent unlawful conduct, such as a minor omission or manipulation of evidence or materials that could have impact on the prosecutor¡¯s judgment as to whether to apply for a warrant or the judge¡¯s decision on the issuance of a warrant despite having secured such evidence or materials, is not admitted, whether a senior judicial police officer¡¯s investigative activities or judgment and disposition in relation to ¡°the judge¡¯s decision on the issuance of a warrant¡± or ¡°the suspect¡¯s arrest or detention per se as a result of the execution of a warrant¡± can be considered unlawful (negative in principle) |