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(영문) 제주지방법원 2018.07.19 2014노652
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The CCTV storage CDs submitted by the Prosecutor as evidence and the video files recorded in the CD storage of evidential data (hereinafter “each copy of the instant case”) were installed at the site at the time of the instant case.

As a result, a video file recorded in CCTV and a police officer copied the original image file (hereinafter “each original of this case”) recorded with a camping cocoin in the field as it is admissible, the court below erred by misapprehending the legal principles, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. In the electronic media such as a file recording the field of judgment does not have the signature or seal of the originator or statementer due to its nature, and there is a risk of editing and manipulating its content by means of the video recordinger’s intent or specific technology. Thus, if the field situation is the original recorded or copied from the original, it shall be proven that the content of the original was reproduced without any artificial adaptation, such as editing in the duplication process, but its admissibility may be recognized.

However, comprehensively taking account of the following circumstances acknowledged by the records of this case, each copy of this case was reproduced from each original of this case recorded in the field situation at the time of this case, and it was proved that it was a copy of the original without any artificial modification, such as compilation in the process of duplication.

As such, the prior prosecutor’s assertion on a different premise is without merit.

① All of the originals of this case are deleted in the process of copying each of the copies of this case without being extracted from hh values, and it is impossible to verify identity through comparison of h values with each of the copies of this case.

② The staff and police officers of CCTV management company involved in the process of copying each copy of the instant case from each original of the instant case shall edit in the course of duplication.

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