Lee Tae-seung, Chief of the Daeryun Detective Group's 1st Department, "Digital evidence separates guilt and innocence."

Recently, the method of evidence collection by police and other investigative agencies has been rapidly changing. This is because objective evidence such as communication records and CCTV, rather than ‘who says what,’ now determines the outcome of the trial.

On the 4th, we met with attorney Tae-seung Lee, head of the first division of the Daeryun Criminal Group, to learn about the defense strategy that a suspect must have and the role of a law firm in a criminal justice system with such a strengthened principle of trial of evidence.

-It is said that material evidence determines the outcome of a trial. How is this specifically changing in the field?

"Nowadays, statements are only the starting point, and objective data such as digital forensics, communication records, and CCTV have changed into a structure that distinguishes guilt and innocence. We live in an era where a single smartphone or black box has more persuasive power than dozens of pages of records. Therefore, it is very important for defense lawyers to design how to secure and analyze what material data from the beginning of the case, rather than relying only on reversing statements or alibis.

-I heard that the importance of evidence is especially emphasized in sex crime cases. Why?

"This is because the statements of the parties are often conflicting. Digital evidence is what fills the gap. For example, in a case of forced molestation, there was a case in which an acquittal was obtained by proving the intimacy and natural relationship between the two people by comprehensively analyzing messenger conversations, movement routes, CCTV, etc. before and after the incident. Also, in the case of 'possession of sexual exploitation material', the charges were cleared by technically proving through forensic analysis that the file was automatically created and there was no trace of it being actually viewed or saved. There is.

-What about other fields such as economic crime or organized crime?

"In fraud and embezzlement cases, if you closely analyze account details and messenger records, you can find clues to prove the legitimacy of the fund flow or the transparency of the decision-making. For organized crimes such as voice phishing, the key is to analyze server logs and communication patterns. Through this, it is proven that the person was a simple part-time worker, and intentionality is denied, or responsibility is reduced by proving that the degree of participation is low. This means that the results are completely different depending on 'how far you read' even in the same record."

-Digital evidence can easily disappear, so how should we deal with it?

"CCTV or log records are usually deleted in 1-2 weeks, so it is very important for the right to defend yourself to file an 'application for evidence preservation' through the court before the start of the investigation. Securing the original video at an early stage can prevent wasteful statements. However, there are high practical barriers for the general public to proceed, such as specifying the target of application, constructing persuasive logic for the court, and cooperating with related agencies. If time is delayed, there is a high risk of evidence being deleted, so a strategic approach must be taken by consulting with an expert from the beginning of the case."

-Is there an organization in charge of forensics within the law firm?

"The forensic center is located within the law firm. Private companies' strengths are data recovery technology, but the law firm center's strength is the ability to reconstruct the data into 'court language' that investigative agencies and the court can understand. Law firms select and design whether there is evidence, whether there are any controversies over illegal collection, and whether it is advantageous or disadvantageous to the client. Legal judgment is essential because indiscriminate data restoration can actually be harmful. In particular, in this process, lawyers, forensic experts, and former police officers “By collaborating with others, we can reconstruct the facts and get closest to the truth.”

-What is the goal of Daeryun Criminal Group?

"People in criminal proceedings are going through the darkest tunnel of their lives. The best defense is not just a fight over legal principles, but one that helps the client return to his or her daily life. We are not a passive defense that just waits for the investigative agency to act, but we proactively seek out evidence and try to lead the process from the beginning of the case. Our goal is to be a reliable partner who can believe that 'we did everything we could with this team.'"

Reporter Baek Jae-hyeon (itbrian@newsis.com)

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Lee Tae-seung, head of Daeryun Detective Group 1, "Digital evidence separates guilt and innocence" (Shortcut)