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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2025Do17532 Decided June 25, 2026 【Disclosure of Official Secrets】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Scope of electronic information subject to seizure where the object and scope of the electronic information subject to seizure based on the voluntary submitter’s intent are unclear or unknown when investigative agencies seize a storage medium and the electronic information stored therein by means of voluntary submission Requirements for investigative agencies to lawfully seize and search such information where investigative agencies accidentally discover electronic information related to a separate criminal suspicion in the process of lawfully searching electronic information related to the criminal charges before the completion of the seizure and search of electronic information Whether electronic information that exceeds the scope of electronic information subject to seizure from a voluntarily submitted storage medium and is acquired by investigative agencies without a warrant constitutes illegally obtained evidence (affirmative), and whether such illegality is not cured if a warrant is subsequently issued by a court or if the criminal defendant or defense counsel consents to using it as evidence (negative) [2] Whether investigative agencies should delete and dispose of electronic information unrelated to the criminal charges (unrelated information) where they complete a seizure by searching electronic information contained in a hard copy, imaging, etc. (replica), selecting and printing information related to the criminal charges, or saving it to another storage medium (affirmative) In such a case, whether investigative agencies can seize and search the replica containing remaining unrelated information for the purpose of investigating a new criminal suspicion (negative), and whether it is deemed unlawful even if a court subsequently issues and executes a seizure and search warrant for the replica (affirmative) | |
