성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The evidence as indicated in No. 8 of the list of evidence submitted by the prosecutor (the body of the victimized woman) and the witness B’s statement at the lower court based on this, all of which do not constitute legitimate seized articles or evidence based on lawful seizure, and do not constitute evidence of unlawful collection. In addition, even if the above video files were excluded, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine, which acquitted the Defendant of the facts charged in the instant case even though there were evidence of reinforcement of the Defendant’s confession, such as each statement, seizure protocol, etc. by witnesses and police officers.
2. Determination
A. Determination as to the admissibility of evidence of the video files and statements made by B) Any person may arrest a person immediately after the commission or commission of a crime (Article 212 of the Criminal Procedure Act). In order to arrest a flagrant offender, it is necessary to have concerns over the punishment of an act, the current state and time contact of a crime, the apparentness of an offender and a crime, the necessity of arrest, i.e., escape or destruction of evidence. Determination as to whether such requirements for the arrest of a flagrant offender are satisfied should be made based on the situation at the time of arrest.
Meanwhile, a public prosecutor or a judicial police officer may, if necessary, seize, search and inspect a suspect in the act of committing an offense without a warrant (Article 216(1)2 of the same Act). If it is necessary to continue the seizure of seized articles, the public prosecutor or the judicial police officer shall request the warrant of seizure without delay within 48 hours from the time of arrest (Article 217(2) of the same Act). However, under Article 218 of the Criminal Procedure Act, the public prosecutor or the judicial police officer may seize articles left by the suspect, etc. or articles voluntarily submitted by the owner, possessor, or custodian without a warrant. Thus, the arrest site or crime at the scene of an offense in the act of crime is conducted.