디지털포렌식 증거 감정에 관한 법원의 채증방법 - 형사소송법 제313조 제3항과 관련하여 -

The article 313 section 3 of Korean Criminal Procedure Act was, in 2016, enacted with the appraiser's written expert opinion for digital forensic evidence. It means a change of the way to prove the expert's written report based on the scientific analysis. The same Article established the applicability and evidentiary power of the expert's opinion for the digital forensic evidence. This change might exercise a great role to improve our evidence rules in criminal procedure. Meanwhile in this article there are some problems about whether the other expert's opinions could be allowed or not. Courts should reasonably assess the methods of the expert's opinion and judge the admissibility of evidentiary power for the expert's written report. And also Judges who lack expertise in a specific area can get helps from the experts in order to handle the case properly. Generally a cirtain Integrity and identity shall be a important factor for Expert to guarant identification for the digital forensic evidences. Therefore the expert's opinion for digital forensic evidence becomes an increasingly important fact that should be proved in criminal trials. In Germany expert's help system has been developed from cases since 1927 and accordingly has been carried with considerable achievements. This research suggests improvement plans in view of both system and operation of the expert's help system. Also, we discussed how to accept the evidentiary power for the expert's written report and verify the admissibility on the focus of reliability and admissibility. As a result the expert's written report should help to promote the further improvement of Judges' unbiased decision based on fair and impartial consideration.