사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. In regard to the violation of the Electronic Financial Transactions Act when a judgment seeking misapprehension of the legal doctrine, the seized articles should be evidence to be lawful. On October 10, 2019, the police arrested the Defendant with a warrant of arrest issued under a warrant of arrest issued under the charge of aiding and abetting the Defendant’s fraud, the police urgently seize three copies of the e-mail card that is irrelevant to the suspected facts stated in the above warrant of arrest, and issued a warrant of ex post facto seizure on October 12, 2019.
As such, the evidence seized based on the illegal urgent seizure constitutes illegally collected evidence, and the seizure report, investigation report (verification of photographs), and text messages obtained based on it also constitute illegally collected evidence.
If this illegally collected evidence is excluded, there is no evidence to prove the facts charged.
There is an error of misapprehension of legal principles in the court below which found guilty of this part of the facts charged.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to Article 216(1)2 of the Criminal Procedure Act, a public prosecutor or a judicial police officer may, if necessary, issue a disposition of search, seizure or verification at the site of arrest without a warrant in cases where the suspect is arrested or detained pursuant to Article 200-2.
The object of search and seizure inspection under this subsection is arms or other dangerous weapons or articles that are the means of escape, and evidence related to the facts of arrest or detention, which are the reasons for arrest or detention, which might cause danger to an arrested person.
The term "crimes related to the suspected criminal facts of a warrant of search and seizure" means crimes which are objectively related to the criminal facts stated in a warrant of search and seizure and are related to the person subject to a warrant of search and seizure and the suspect.
Among them, the objective relevance to the suspected facts is either the suspected facts stated in the search and seizure warrant or the basic facts thereof.