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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fact-finding and the violation of the rules of evidence) is that the result of the search and seizure, which was obtained through the execution of the instant warrant, is related to the criminal facts of the search and seizure warrant and the basic facts related to the criminal facts of the same and similar criminal facts. As such, there are human relations as search and seizure of the financial transaction details of the Defendant A. As such, the details of the financial transaction among the Defendants confiscated by the instant warrant are admissible. Even if the above details of the financial transaction constitute illegally collected evidence, the causal relationship between the illegally collected evidence and the illegally collected evidence are separated
However, the court below found the Defendants not guilty on the ground that the above evidence was illegally collected or obtained based on it, and all secondary evidence were inadmissible. Thus, the court below erred by misapprehending the facts against the rules of evidence.
2. Determination
A. Article 215(1) of the Criminal Procedure Act provides, “The public prosecutor may seize, search or inspect evidence according to the warrant issued by a judge of the competent district court upon request of the public prosecutor, only when there are circumstances to suspect that a suspect has committed a crime if necessary for the investigation of a crime.”
Therefore, in case of seizure of a separate evidence irrelevant to the facts of the offense on which a warrant was issued, it cannot be used as evidence of conviction in principle.
However, the result of the search and seizure can be used as evidence of guilt in the case of a crime which is the object of the search and seizure or a crime related thereto.
It is a crime related to the suspected criminal facts of a warrant of search and seizure, which is objectively related to the criminal facts stated in the warrant of search and seizure, and which is human relation between a person subject to the warrant of search and seizure and a suspect.