디지털 압수물의 환부 · 가환부와 몰수 방안에 관한 연구

다국어 초록 (Multilingual Abstract)

In principle, the seizure of digital data has to be conducted using the printing and copying method, and as an exception, the media itself can be seized. The return and provisional return of seized articles are devices used to effectively prevent violations of the seized subjects’ rights which can occur during the search and confiscation/seizure process. Provisional return is a security measure to prevent repeated offenses at the same time being a proprietary punishment for a crime. The seizure of digital data is conducted in a different manner compared to that of regular materials. Accordingly, the return, provisional return, and confiscation also need to utilize different methods. In other words, the return of seized digital articles has to be performed as the complete deletion of the information storage media by the investigation authority. For the provisional return of seized digital articles, when the seizure was conducted through printing and copying, the effect of provisional return was already observed, hence, the problem of provisional return does not occur practically. The confiscation of digital articles also has to be performed as the complete deletion of the information storage media.

참고문헌 (Reference)

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