신체촬영물의 압수수색과 관련성

Based on prior researches on relevance in the search and seizure of electronic files and review of recent cases where relevance in the search and seizure of photographs or videos of another person's body causing sexual stimulus or shame against the will of the person(hereinafter 'photographs of another person') was the main issue, this study aims to examine the meaning of relevance in the search and seizure of photographs of another person and the legitimacy of search and seizure accordingly. The objective relevance is recognized when photographs of another person are direct, indirect or circumstantial evidence for the crime under investigation. The subjective relevance is an evaluation element of the objective relevance. In the search phase of the data storage medium(hereinafter 'DSM'), relevance means the probability that there is a DSM storing photographs of another person relevant to the crime under investigation in the search area. In the seizure phase of the DSM, relevance refers to the probability that relevant photographs of another person are stored in the DSM found during the search phase. In the exploration phase of DSM, because of relevance the search targets are limited to image or video files. In the seizure phase of photographs of another person, relevance is recognized when they are direct, indirect or circumstantial evidence for the crime written in warrant, leading to arrest the suspect, or making the place crime scene. Search, seizure, or exploration of irrelevant DSM and seizure of irrelevant photographs of another person are illegal. If irrelevant photographs of another person are accidentally discovered during a legitimate investigation, the investigative agency must obtain a separate warrant or receive it by the suspect with his voluntary will.