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| TITLE | Supreme Court Decision 2020Do9370 Decided May 30, 2024 【Violation of the Act on the Punishment of Arrangement of Commercial Sex Acts (Arranging Sexual Traffic, etc.)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] Where an investigative agency recorded any conversation that it had with the persons concerned including a flagrant offender, etc. at the scene of the crime by a generally accepted method as the need for the preservation of evidence and urgency were required where the crime was currently being committed or immediately after the crime had been committed in the process of investigating an offense in compliance with the due process and proper methods, whether it may be readily concluded that the above recording is illegal on the grounds that it was made without a warrant (negative) Whether this is likewise applicable even if the persons concerned including a flagrant offender, etc. who were the parties to the conversation, were unaware of the fact that such a recording was made at the scene of the crime (affirmative with restriction) In such a case, the standard of determining whether the investigative agency recorded the conversation by a generally accepted method [2] Whether “a protocol of statement, a statement, or an affidavit” in which the criminal suspect’s statement is recorded or entered in the process of an investigation conducted by an investigative agency may be viewed differently from a protocol concerning interrogation of a criminal suspect (negative) Where an investigative agency does not inform a criminal suspect that he or she has a right to refuse to make a statement in the process of interrogating the criminal suspect, whether the criminal suspect’s statement may be admitted as evidence of guilt (negative) When the status of a criminal suspect that is subject to the notification of a right to refuse to make a statement may be recognized and where a person who is not in the position of the criminal suspect is not notified of a right to refuse to make a statement, whether the statement may be admitted as evidence of guilt (affirmative) | |
