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Legal Intellectual

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Q

Can evidence obtained by hacking another person's PC during evidence collection not be used?

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I'm well aware that a sex offender can receive security measures in addition to fines or imprisonment. Could you explain more about what security measures exactly are and the concept? Please explain in detail the purpose of sex crime security measures and their types. Thank you!

illegal evidence

inadmissible evidence

covertly collected

A

Answer to Related Inquiry

I see that you collected evidence by hacking another person's computer during evidence collection.


Hacking is the act of accessing another person's computer system or extracting data through illegal methods.


Most countries consider hacking a crime, and in Korea, hacking is strictly prohibited under the Information and Communications Network Act and the Criminal Act.


Therefore, the act of hacking another person's PC to collect evidence is itself illegal and may be subject to criminal punishment. Evidence obtained through hacking is evidence collected through illegal means, and therefore cannot be used legally.


However, in some exceptional cases, illegal evidence may be recognized in court.


If the public interest of realizing the right to punish is judged to be greater after considering various circumstances, the admissibility of evidence may be recognized.


If you think the evidence obtained through hacking is related to the case, you should find a way to secure such evidence through legitimate legal methods.


For example, this is a method of reporting to investigative agencies or securing evidence through legal procedures.


Instead of obtaining evidence through hacking, it is important to secure evidence related to the case in accordance with legal procedures and seek advice from an attorney.


Evidence obtained by hacking another person's PC is considered illegally collected evidence and is highly likely to not be usable in court.


If you need evidence related to the case, please consult with an attorney to find a way to secure evidence through lawful procedures.


At Daeryun, we operate an evidence investigation group to collect evidence appropriate for the client's case in accordance with legal procedures.

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