Prosecution: "Courts Differ on Legality of Digital Evidence Procedures"
Former Democratic Party lawmaker Roh Woongrae, who was indicted on charges of receiving 60 million won in illegal political funds, is leaving the courthouse after being acquitted in the first trial held at the Seoul Central District Court on the 26th of last month. Photo by Yonhap News
The prosecution has filed an appeal against former Democratic Party lawmaker Roh Woongrae, who was acquitted in the first trial after being indicted on charges of receiving illegal political funds.
On December 3, the Seoul Central District Prosecutors' Office stated, "Recently, there have been conflicting judgments among courts regarding the legality of procedures for securing digital evidence. Considering the need for a unified standard, the prosecution has decided to appeal."
The office added, "We will also review whether there are aspects of investigative procedures, such as search and seizure, that need improvement in practice, referring to the content set out in the first trial's written judgment."
Previously, on November 26, Presiding Judge Park Kanggyun of the Seoul Central District Court's Criminal Division 4 acquitted former lawmaker Roh, who had been indicted on charges of bribery, influence peddling, and violation of the Political Funds Act.
Judge Park stated, "It is suspected that a considerable degree of selection was continued for the electronic information in this case before a voluntary submission confirmation was obtained. It is also difficult to consider that the scope of electronic information subject to seizure was clearly specified in the voluntary submission confirmation, and it appears that all electronic information stored on the mobile phone was broadly submitted."
He further pointed out, "Without the electronic evidence in this case, the investigation would not have been initiated or properly conducted. The procedural violations by investigative agencies in obtaining this evidence constitute breaches of the warrant principle and due process, and the degree of violation is by no means minor."
Initially, the prosecution obtained clues about Roh's case during the search and seizure of the mobile phone belonging to the wife of businessman Park, in connection with the influence peddling case involving former Democratic Party Deputy Secretary-General Lee Jeonggeun. The prosecution claimed that it immediately halted the search of the electronic information and summoned Park's wife to obtain the mobile phone through voluntary submission. However, the court ruled that the electronic information on the mobile phone was collected illegally and did not recognize its admissibility as evidence.
Roh was indicted without detention on charges of receiving a total of 60 million won from Park on five occasions between February and December 2020, allegedly in exchange for facilitating permits for logistics centers and providing business favors related to power plant supply and solar power projects. In the sentencing hearing, the prosecution had sought four years in prison, a fine of 200 million won, and a forfeiture of 50 million won against Roh.
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