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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. In full view of the testimony at the lower court by police officers, etc. who arrested the Defendants at the time of obstructing the flow of vehicles by occupying the road on the part of the Defendants, the summary of the grounds of appeal may sufficiently recognize the charges of general traffic obstruction of this case against the Defendants.
Nevertheless, the judgment of the court below which acquitted the Defendants is erroneous in the misapprehension of the legal principles.
2. Determination
A. In order to use as evidence text information or output stored in a computer disc or other similar information storage device (hereinafter “information storage device”), which is a seized object, as well as a similar information storage device (hereinafter “information storage device”), the identity of the substance stored in the original information storage device and the document output should be recognized. To that end, the circumstance that the original information storage device was not modified from seizure to printing the document should be, i.e.,, the integrity of the document.
In particular, in the case of documents printed out from the “Hcarp” or “Sa” media on behalf of the original of the data storage device, the data identity between the original of the data storage device and the “Hcarp” or “Sap” media shall be recognized. In addition, in the case of documents printed out from the original of the data storage device on behalf of the original data storage device, the data identity should be recognized between the original of the data storage device and the “Hcarp” or “Sap” media
(see, e.g., Supreme Court Decision 2007Do7257, Dec. 13, 2007). The lower court held that ① police officers N, andO, who taken part of the instant pictures or videos, moved the original files on the camera card to a computer after shooting them, and then cut the maritime chart (hereinafter “Li business”) and copied them to CDs or DVD, and deleted all the originals. In so doing, the lower court took part of the instant pictures.