1. As to the prosecutor's grounds of appeal

A. Article 308-2 of the Criminal Procedure Act provides that “Any evidence collected in violation of the due process shall not be admitted as evidence.” In order to guarantee fundamental human rights, the Constitution that declared due process and the basis of warrant requirement regarding compulsory measures in order to realize harmoniously the establishment of substantial truth and the ideology of the protection of rights of individuals, the normative power of the Criminal Procedure Act, which provides specific criteria for seizure, search, inspection and appraisal disposition procedures, must be maintained firmly. As such, the secondary evidence obtained based on such criteria as well as the evidence collected without following the procedure prescribed by the Constitution and the Criminal Procedure Act, shall not be admitted as evidence for conviction, in principle, since it does not comply with the legitimate procedure prepared to guarantee fundamental human rights.