디지털 증거 압수수색과 관련성 개념의 해석

The massiveness of the information in the digital storage has given to us a problem to protect privacy from excesive search and seizure. To accomplish this purpose, the concept "relevancy with the case" attract attention. The Court and some literatures consider off-site forensic analysis of the digital storage as search or a part of process of executing the search and seizure. Interpreting this way, they intent to restrict the extent of search and seizure within relevany. But Because provision newly reformed for executing the search and seizure of digital evidence provides the time of seizure with seizing the storage or duplicate the information, the search should be considered to end by this time, and the off-site forensic analysis as, mere look up of seized evidence. And,because of the provision that provides the right of presence for the defendant in investigating stage, off-site search theory occures confusions in practice. Viewing off-site analysis as mere look up, we can solve the problem of relevancy with the concept of appropriate comparison. Furthermore, the conceptual extent of relevancy with the case should be interpreted elastically case by case. Narrow perspective would be improper for the korean legal context of criminal procedure, which has no plain view exception to confront with diverse situations at the scene of search and seizure.