디지털 증거의 증거능력에 관한 대법원 판례 분석 - 위법수집증거와 증거능력을 중심으로 -

In this paper, we analyzed the recent case law of the Supreme Court and examined the due process for digital evidence to be recognized in the process of seizure search. Evidence collected by illegal procedures under the Criminal Procedure Act excludes evidence. It is not easy to judge the relationship with the crime at the seizure site. So every time the digital evidence seizure is controversial. Without any distinction as to the relevance of the crime, it is against the principle of warranties that the investigator arbitrarily print out the digital information in a document or copy it to a file. Evidence is not recognized if it violates a warrant or does not guarantee the right to participate in the seizure procedure. According to the Supreme Court's decision, the process of retrieving the storage media from the seizure site and searching through the investigation agencies is also a process of seizure search. In this process, the right to participate must be guaranteed. The evidence capacity of the controversial evidence was recognized by giving a certain standard.