공직선거법위반등
All appeals are dismissed.
The judgment below
Among them, the part of violation of the Personal Information Protection Act is reversed and this part is applied.
1. Judgment on the grounds for appeal by the defendant
A. As to the first ground for appeal, the relevant provisions and legal principles are as follows.
A) The main text of Article 12(3) of the Constitution of the Republic of Korea provides that “a warrant issued by a judge upon the request of a prosecutor shall be presented in accordance with lawful procedures in the course of arrest, detention, seizure or search,” and Articles 219 and 118 of the Criminal Procedure Act provides that “When an investigative agency executes a warrant of search and seizure, it shall be presented to the person subject to the disposition without fail to do so.”
In addition, Article 219 and Article 114(1) of the Criminal Procedure Act and Article 58 of the Rules on Criminal Procedure provide that a warrant of search and seizure shall be signed and sealed by a judge who issues the warrant, stating the name of the person against whom the warrant is issued, name of the crime, articles to be seized, place, body and article to be searched, date of search and seizure, date of arrival and the period thereof, and the purport that the warrant shall not be executed after the lapse of the period of validity and the reason for the search
The Criminal Procedure Act provides that a warrant of search and seizure shall be presented to the person subject to seizure without a warrant issued by a judge to ensure the principle of warrant requirement by preventing the search and seizure without a warrant issued by a judge. The purpose is to minimize the infringement of the privacy and property rights of individuals and to ensure the substantial opportunity for appeal by the person subject to seizure, including quasi-appeal, by ensuring that a search and seizure is conducted only on the objects, location, and body stated in the search and seizure warrant.
In full view of the relevant provisions and the legislative purport of the system for presenting warrants, an investigative agency executing a warrant of search and seizure shall conduct a warrant of search and seizure to ensure that the person subject to search and seizure confirms that it is a search by warrant issued by a judge and at the same time, the Criminal Procedure Act provides that the warrant of search and seizure shall be entered necessary or all necessary matters shall be fully known.