과학수사 판례평석을 기반으로 한 디지털정보 압수 및 수색제도의 적격성 고찰

A very much time has been already passed since the digital information has received attention in the criminal suit. The discussion on the meaning of the criminal procedure code of digital information has been actively progressed, and is on progress. However, it is impossible to legislate in real time the developmental trajectory of the modern ICT. The margin still remains in the rule of criminal procedure code on the digital information, and in this area the interpretative solution of the existing law is constantly being challenged. Namely, the gap generated in the speed of modern latest scientific technology development and the overtaking speed of the legal rule is being filled through the judicial and prescriptive analysis. Accordingly, it is no doubt to highlight that the judicial judgment about the competency of evidence and probative power of digital information is important in a detailed case. This paper reviewed in a comparison the precedent annotation of national and international (USA, Germany and Japan) scientific investigation, and studied on the legislative deficiency about the eligibility of digital information to assure the objectivity and reliability at the issue, and presented the legislative plan of digital information at the reasonable law politic view, in order to adjust more reasonably the digital information value in the article 106 of the Criminal Procedure Code.