범행현장에서의 특별사법경찰관의 절차상 의무와 영상촬영의 적법성에 대한 검토 ― 대법원 2023. 7. 13. 선고 2021도10763 판결에 대한 평석을 중심으로 ―

Unlike ordinary judicial police officers, special judicial police officers have the dual status of being enforcement officers for administrative criminal law violations and special judicial police officers for criminal proceedings, and it is a peculiarity that whether an investigation falls under administrative or criminal proceedings depends on the specific case at the time of initiation of the investigation, and the applicable law at each stage. Therefore, the applicable law and procedural obligations may vary depending on the nature of each specific act, and the special investigative police officer should fully consider this when making a judgment on the admissibility of evidence collected by the special investigative police officer. In addition, our precedents have recognized the legality of video recording by investigative agencies as a method of evidence collection at the scene of a crime, emphasizing that it is a substantial method of recording in a public place, and [the subject judgment] ruled to the same effect. In the reality that there is a growing need to regulate the verification behavior of investigative agencies according to the new compromise theory beyond the conflict between arbitrary and compulsory investigation theories, the point of precedent is extremely appropriate.