공문서부정행사등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. At the time of Defendant (1)’s assertion of misunderstanding of the facts and legal principles (as to the crime of false conduct of official document), the Defendant issued his identification card to a police official with the knowledge that the Defendant intentionally presented his/her driver’s license to pro-friendly H by mistake, and thus, the Defendant did not have any intention to exercise his/her right to appoint a defense counsel, the summary of the suspected fact, the grounds for arrest, and the opportunity to defend himself/herself, and thereby, convicted the Defendant of the charge of unlawful conduct of official document among the facts charged in the instant case based on evidence (a copy of driver’s license presented during the crackdown), which was illegally arrested without being informed of the right to appoint a defense counsel, the summary of the suspected fact, and the opportunity to defend himself/herself
(2) The sentence (five months of imprisonment) sentenced by the lower court to the Defendant is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentencing that the court below decided against the defendant is too unhutiled and unfair.
2. Determination
A. (1) In a case where evidence is collected based on an illegal act that does not comply with the relevant legal principle due process, the admissibility of the secondary evidence acquired based on the illegal act should be denied as well as the relevant evidence.
However, the above principle of exclusion of illegally collected evidence is aimed at guaranteeing the fundamental human rights of the people by suppressing an illegal act in the investigation process, so the influence of an act in violation of due process is interrupted or extinguished.
As evidence collected in a state that can be seen, even if it is admitted as evidence, it does not infringe on the substantial contents of due process, so there is no reason to deny the admissibility.
Therefore, the first due process is to consider the content and circumstances of the due process of evidence collection.