Main Issues

Whether an investigative agency’s shot fingerprints comparison sheet prepared by its official duties in order to specify the identity of the suspect and to make an inquiry into his/her fingerprints is a private document (negative)

Summary of Judgment

Although a fingerprint comparison statement is a document prepared by the investigative agency for the purpose of identifying the suspect and questioning him/her, it cannot be viewed as a private document even if the suspect's personal information, such as his/her name, is stated in his/her own column.

[Reference Provisions]

Article 231 of the Criminal Act

Defendant

Defendant

Appellant

Prosecutor

Judgment of the lower court

Incheon District Court Decision 2000No410 delivered on May 17, 2000

Text

The appeal is dismissed.

Reasons

The court below is just in holding that although the investigative agency's fingerprint comparison statement is prepared for the purpose of identifying the suspect's identity and questioning his fingerprints, it cannot be viewed as a private document even if the suspect's personal information, such as his/her name, is stated in the above document, and there is no error of law such as misunderstanding of legal principles as argued in the Grounds for Appeal.