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| TITLE | Supreme Court Decision 2020Do9431 Decided March 12, 2024 【Violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking Pictures by Using Camera, etc.); Intrusion upon Habitation】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where an article voluntarily submitted is seized, when there is a disagreement with regard to whether the seized article was actually produced voluntarily in accordance with the Article 218 of the Civil Procedure Act, allocation of the burden of proof on the voluntariness thereof (held: prosecutor) [2] In a case where with respect to the facts constituting the violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (Taking Picture by Using Camera, etc.) that the criminal defendant took photos of the bodies of four victims, which may cause any sexual stimulus or shame against their will, on 9 occasions in total by using his or her cell-phone camera, the admissibility of the cell-phone seized in the matter of submitting voluntarily at the time when an investigative agency caught the criminal defendant in the act came into question, the case holding that when examining in light of overall circumstances, the prosecutor failed to do his or her utmost for the proof eliminating suspicions of the voluntariness thereof in relation to the submission of the cell-phone and thus the cell-phone and electronic information stored therein correspond to illegally seized evidence and thus cannot be used as an evidence of guilty | |
