수사방법으로서 사진촬영의 형사소송법적 쟁점-서울중앙지방법원 2012.2.23. 선고 2011고합1131 판결의 평석을 겸하여 = A Study on Photograph-taking as a way of Investigation

다국어 초록 (Multilingual Abstract)

This paper deals with the issue on taking photographs of the accused during their visits to foreign countries in an alleged espionage case of Wangjaesan. The Seoul Central District Court held in this case, citing decisions of the Supreme Court of Korea, that photographs and videotapes, taken without any warrants of the court, should be admissible readily in any criminal courts, and that the investigations, even search-and-seizure, could be made in foreign countries without prior permissions. The results of this study show that the photo-taking as a way of investigation without any warrants should not be allowed because it violates the privacy and due process clause of the Korean Constitution, that the photographs and videotapes at issue should have been treated as illegally obtained evidences, and thus the exclusionary rule applied thereto.