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| TITLE | Supreme Court Decision 2024Do12689 Decided January 9, 2025 【Violation of the Narcotics Control Act (Psychotropic)】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 Cases of exception where evidence obtained in violation of the procedures stipulated in the Constitution of the Republic of Korea and the Criminal Procedure Act or secondary evidence obtained based thereon can be used as incriminating evidence, and the elements to be considered in determining whether a certain case falls under such cases of exception and where the burden of proof lies for the existence of specific and extraordinary circumstances justifying such cases of exception (held: prosecutor) In a case where the primary evidence illegally obtained by the investigative institution either became a clue for the commencement of an investigation or practically serves as the only or pivotal evidence and the gravity of the procedural irregularities is serious, and where the defendant has been presented with the primary evidence at the investigative institution or interrogated based on the primary evidence, whether the defendant’s in-court statement, which constitutes derivate evidence, may be used as incriminating evidence (negative in principle), and cases of exception where the defendant’s in-court evidence may be used as incriminating evidence and where the burden of proof lies for the existence of extraordinary circumstances justifying such cases of exception (held: prosecutor) | |
