절도등
The judgment below
The part of the defendant's case, excluding the compensation order, shall be reversed.
Defendant shall be punished by imprisonment for a period of one year and two months.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles by an investigative agency are subject to a warrant of search, seizure and verification issued on November 11, 2019 (hereinafter “second warrant”).
(2) The lower court’s sentence (two years of imprisonment, 40 hours of completion of the sexual assault treatment program, child-related institutions, and welfare facilities for the disabled, etc.) is unreasonable, even if the lower court’s judgment that found the Defendant guilty of all the remaining charges except the larceny out of the charges in this case by using illegally collected digital information as evidence is erroneous in its determination of admissibility of evidence or by misapprehending the legal doctrine on admissibility of illegally collected evidence, thereby adversely affecting the conclusion of the judgment. 2) Even if the order of unfair sentencing is not so, the lower court’s sentence (two years of imprisonment, 40 hours of completion of the sexual assault treatment program, 5 years of restriction order on employment of welfare facilities for the disabled, children-related institutions, juveniles, etc.) is too unreasonable.
B. The lower court’s above sentence is too unhued and unreasonable.
2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant
A. The lower court also asserted that the digital information seized in accordance with the second warrant, such as the grounds for appeal, constitutes illegally collected evidence, and the lower court, based on its stated reasoning, determined that the search and seizure procedure by the second warrant was lawful.
B. 1) Relevant legal principles A) Search and seizure of electronic information by an investigative agency is, in principle, document only relevant to the suspected criminal facts on which the warrant was issued.