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(영문) 대법원 2015.01.22 2014도10978
내란음모등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Judgment on the Defendants’ grounds of appeal

A. As to the assertion regarding admissibility of evidence submitted by the prosecutor, 1) With respect to the assertion that it cannot be used as evidence because the right to participate in the process of duplicating electronic information is not guaranteed, the evidence collected without following the procedure prescribed by the Constitution and the Criminal Procedure Act is not admissible as evidence for conviction in principle. However, in a final determination of whether to admit admissibility of seized information collected in breach of the procedure prescribed by the Act, the court shall not render evidence for conviction in light of all circumstances related to the procedural violation committed by the investigative agency in the process of collecting evidence, i.e., the purport of the procedural provision, the degree and possibility of the violation, specific details and details of the violation, the degree of the violation, the degree of the violation of the right to protect or legal interests, the relationship between the defendant and the investigation agency, and the awareness and intent of the investigative agency. Rather, the exclusion of admissibility of evidence does not constitute a case where the procedural violation of the investigative agency infringes on the substantive contents of due process, and thereby promoting harmony between the principle of due process and substantive truth and promoting criminal justice.

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