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| TITLE | Supreme Court Order 2021Mo1586 Dated January 14, 2022 【Reappeal Against Decision of Dismissal of Quasi-appeal to Seizure】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Where the object to be seized is a data storage medium including electronic information, whether an investigative agency’s act of printing out or duplicating electronic information arbitrarily stored regardless of the relevance to the facts of a suspicion of a crime as the ground for the issuance of a seizure and search warrant corresponds to an illegal seizure (affirmative in principle) [2] The purpose of issuing the list of the seized articles Whether the file names of the seized information should be specified in a detailed list thereof (affirmative) [3] Where an investigative agency retains irrelevant information rather than deleting, discarding, or returning irrelevant information even after selecting and seizing information relevant to the facts of a suspicion of a crime, whether seizing information irrelevant to the facts of a suspicion of a crime is deemed illegal (affirmative) and afterward, if a seizure and search warrant is issued by a court or the criminal defendant or his/her defense counsel agrees to the use of the irrelevant part as evidence, whether the illegality thereof is remedied (negative) [4] Where an investigative agency, retaining such information after arbitrarily printing out or duplicating the electronic information in its entirety regardless of the relevance to the facts of a suspicion of a crime stated in a seizure and search warrant, issues such compressed file to the person whose articles were seized, etc. as the detailed list of the electronic information after merely stating a compressed file thereof comprehensively without specifying the names of the individual files in relation to the information and drawing up a detailed list thereof, whether a seizure of the entire electronic information is deemed illegal (affirmative) and whether this is likewise applicable in a case where a seizure and search warrant is issued again in relation to the electronic information per se obtained and stored by an investigative agency as such from a court later on (affirmative) | |
