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| TITLE | Supreme Court Decision 2022Do2071 Decided December 24, 2024 【Interference with Business】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] In the process of seizure and search procedures by investigative agencies, if the person subject to disposition is a minor with legal capacity, whether the warrant should be presented to the minor (affirmative), and whether the presentation of the warrant to the person with parental authority can be substituted therefor (negative) Whether the search and seizure can be deemed lawful on the sole ground that the opportunity to participate in the execution procedure of the search and seizure warrant was provided to the person with parental authority instead of the minor with legal capacity or his or her defense counsel (negative) [2] Where a private person, upon the instructions or request of investigative agencies, performs acts corresponding to search and seizure by taking possession of an item controlled or managed by a third party other than himself or herself and delivering it to the investigative agency, whether the procedures, such as the presentation of a warrant and the guarantee of the right to participate, stipulated in the Criminal Procedure Act are required to be followed (affirmative in principle) [3] Exceptional cases where the court can use evidence collected without following due process by the investigative agency and secondary evidence obtained based thereon as evidence of guilt | |
