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| TITLE | Supreme Court Decision 2017Do13263 Decided February 8, 2018【Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Tax); Violation of the Punishment of Tax Offenses Act】 [full Text] |
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[1] If an article to be seized is a data storage device, details of measures that ought to be taken when a search and seizure warrant is executed In cases where an investigation agency extracted information related to the suspected criminal fact from a data storage device and subsequently confiscated the generated image file, whether a criminal suspect, etc. should be granted the opportunity to be present during the process of searching, copying, and printing the seized image file from the office of said investigation agency (negative) [2] Purport behind the provision of the list of articles seized Whether file details ought to be specified in the list of information seized (affirmative), and the method of providing said list [3] Requirements to acknowledge the admissibility of files containing electronic documents Method of proving that electronic documents submitted as evidence were copied or printed as they were and were neither modified nor edited during the copying or printing phase, and the allocation of the burden of proof (held: prosecutor) |
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