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(영문) 서울중앙지방법원 2019.05.02 2018노3411
일반교통방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principles), the examination report of the National Institute of Scientific Investigation by the National Institute of Scientific Investigation by the Prosecutor, which is the evidence submitted by the Prosecutor, recognizes the integrity and identity of the documentary evidence of this case and the video files and the pictures printed out thereof, and does not observe the features generally present at the time of alteration, and can be confirmed that the files and features are consistent with those provided by the digital photographer. As such, the admissibility of the documentary evidence of this case, the video files, and the photo printed out thereof is recognized, and the evidence recognized as admissible as evidence of this evidence can be found guilty of violating the Act on the Assembly and Demonstration of this case.

In addition, according to the testimony of the court below, the witness Z and AC of the court below, the defendants can be fully admitted to the facts charged for the general traffic obstruction of this case.

Nevertheless, the judgment of the court below which acquitted the Defendants on the grounds that the evidence, including the witness Z and AC testimony of the court below, is insufficient to recognize the admissibility of evidence of the documentary evidence of this case, video files, and printed photographs, without recognizing the admissibility of evidence of the documentary evidence of this case, is erroneous in the misunderstanding of facts and the legal principles, which affected

2. Determination

A. 1) A. (1) Computer disks and similar information storage media (hereinafter “information storage media”) are seized objects.

(1) The text information or its printed output that was entered into and stored in the account and stored therein (hereinafter referred to as “printed output documents”).

In order to use the document as evidence B, the identity of the content and output stored in the original of the information storage device must be recognized, and for this purpose, the integrity of the original of the information storage device should be guaranteed.

In particular, the data stored in the storage medium on behalf of the original of the storage medium is from the medium of “Hcarp” or “nick”.

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