Appellant

Attorneys Yoon Ho-hee et al.

The quasi-appeal of this case is dismissed.

The disposition of seizure of the appellant's cell phone and information stored in his/her cell phone against the appellant on September 26, 2019 shall be revoked by a prosecutor or senior judicial police officer of the Incheon District Prosecutors' Office.

The appellant asserts that the seizure disposition by the prosecutor and the judicial police officer stated in the purport of quasi-appeal (hereinafter “instant seizure disposition”) is unlawful as it does not present a warrant of search and seizure.

According to the records, the investigative agency issued a warrant to the appellant while making a disposition of seizure of this case, and the appellant requested the concrete confirmation of the warrant, and thereafter the appellant’s defense counsel recognized that the warrant was confirmed while participating in the investigation of the appellant. Even if the investigative agency did not present the part concerning the facts constituting the offense of the warrant in the course of executing the disposition of seizure of this case, the appellant’s defense that the seizure of this case should be revoked as it is difficult to see that the appellant did not present the warrant without the presentation of the warrant is groundless.

Judges Park Gyeong-ok