How is a digital forensic investigation conducted?

Hello. This is a digital forensics attorney at Daeryun Law LLC.

A digital forensic investigation is an investigative procedure that scientifically analyzes data stored on digital devices, such as mobile phones, computers, external hard drives, and cloud accounts, to secure evidence related to a crime.

In the case of an illegal filming case, it plays a very important role in determining criminal liability, because it can confirm not only whether the filmed material exists but also the time of filming, the history of storage and deletion, and whether it was transmitted or distributed.

The procedure generally proceeds, after a criminal complaint or the commencement of an investigation, by the investigative agency obtaining a search and seizure warrant from the court and securing the perpetrator's digital devices.

Thereafter, through digital forensic analysis, the recovery of deleted files, records of transmission via messenger and SNS, whether there was cloud synchronization, and the like are confirmed comprehensively.

In fact, even if the illegally filmed material itself is not found, there are not a few cases in which the establishment of the crime is recognized where data allowing an inference of the circumstances of filming or of distribution is confirmed.

However, a digital forensic investigation does not automatically find illegally filmed material in every case, and the initial response to the investigation and the organization of the arguments at the complaint stage greatly affect the outcome.

It is important to organize in concrete terms the circumstances under which the victim was filmed, what device the other party used, and what the pattern of behavior after filming was, and to convey this to the investigative agency.

Through collaboration with its digital forensics center, Daeryun Law LLC reviews the direction of the forensic analysis in advance, and attorneys with abundant experience in sex crime cases assist with everything from representing the client in the criminal complaint to responding to the investigation and the trial procedure.

Furthermore, a claim for damages (a civil claim for consolation money) for the mental harm caused by the illegal filming can be pursued together, which can reduce the burden on the victim of having to pursue separate procedures individually.

A digital forensic investigation is part of a legal strategy to prove criminal liability.

Therefore, if you are preparing a complaint, it is more important than anything else to review the feasibility of forensics and the overall criminal procedure together.

If you need help, we invite you to visit a nearby Daeryun branch office and request a consultation.