일반교통방해
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal presented by the prosecutor as evidence, and the evidentiary files and printed copies thereof (hereinafter “each digital evidence of this case”) were created in accordance with the rules of evidence activities, which were established by the National Police Agency, and thus, were deemed admissible as evidence in the same way as the original, and thus, the court below denied the admissibility of each digital evidence of this case and acquitted the Defendant of the facts charged of this case. In so doing, the court below erred by misapprehending the facts contrary to the rules of evidence or by misapprehending the legal principles as to the admissibility of evidence, which affected the conclusion of the judgment.
2. Determination
A. In order to use as evidence text information stored in a computer disc or other similar information storage medium (hereinafter “information storage medium”), which is a seized object, or printed matter thereof (hereinafter “printed document”), the identity of the content stored in the original copy of the information storage medium and the document output should be recognized. To that end, the fact that the original copy of the information storage medium was not changed from the seizure to the output of the document should be guaranteed, i.e.,, the integrity of the document.
In particular, in the case of documents printed out from the original of the data stored in the storage medium on behalf of the original of the information storage medium, from the original of the information storage medium or from the already requisitioned medium, the identity of the data should be recognized between the original of the information storage medium and the original of the information storage medium or the “ndcarp” or the already requisitioned” medium. In addition, in the process of verifying it, the professional technical capabilities and accuracy of the operator should be ensured at each stage of mechanical accuracy, reliability of the program, input, processing, and output of the computer used in the process (see Supreme Court Decision 2007Do7257, Dec. 13, 2007, etc.). In this case, the fact that the data stored in the information storage medium are the same as the data stored in the information storage medium and that the original of the information storage medium was not changed until the document output.