과학기술 발전에 따른 현대형 수사방법의 필요성과 적법성 -GPS수사에 대한 일본 최고재판소 판례 분석을 통한 시사-

Abstract

The evolution of information service providers and the evolution of the criminal codes in response to the evolution of criminal codes has also led to the need for changes in the law and the need to change the interpretation of the law. Appropriate legal maintenance techniques should be provided for the new investigation techniques. This also leads to legislation, which requires a new interpretation of the application of the current law on the legitimacy of investigations into the legitimacy of the investigation techniques reflecting advanced scientific techniques. In the United States and Japan, the court has accumulated a precedent surrounding the investigation of the investigation of the GPS tracking system. In response to the investigation of the GPS tracking device to the suspect’s vehicle, the U.S. Supreme Court said in the United States that attaching GPS tracking devices to the accused in order to collect information from the defendant in 2012 would constitute a search. In the case of Japan, which has been inconsistent with the Supreme Court in March, the investigation of the investigation of the GPS tracking system in the March issue of the Supreme Court without a warrant of a court probe is illegal, and it has a significant influence on investigative agencies and related industries. Consequentially, a criminal investigation has been conducted in the past, but it has begun to introduce a probe into the use of probes and the introduction of a warrant to investigate the use of probes using GPS terminals since 2015. The prosecution also argued that it should seek ways to use GPS information because the current law on criminal offenders is limited. Although we have never dealt with the legitimacy of the investigation using the GPS tracking system, such as the U.S. and Japan, we are expected to present a priori and practical orientation in the future of using the GPS tracking system by analyzing the use cases of the preceding precedent and initiating the precedent of using the relevant precedent. Based on the novel, which is the subject of a criminal investigation by the Criminal Procedure Act, it is particularly important to review the contents of Japan's Supreme Court, which has recently found a meaningful verdict on the criminal justice system.