성매매알선등행위의처벌에관한법률위반(성매매알선등)
The defendant's appeal is dismissed.
1. The summary of the Defendant’s grounds of appeal (i.e., mistake of facts and misapprehension of legal principles are mainly focused on regulating only the Defendant’s grounds of appeal, and thus, there was no intention to purchase sex, and thus, sexual traffic between enforcement officers and female employees cannot be viewed as an act of arranging sexual traffic, etc., because it
Although the defendant did not intend to engage in arranging commercial sex acts, the traffic police officer caused the defendant to commit a crime by using tricks, schemes, etc., which constitutes an illegal "ship investigation".
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged based on the evidence collected through the illegal naval investigation is erroneous in the misapprehension of legal principles as to the naval investigation, which affected the conclusion of the judgment.
Dob. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.
2. (1) The investigation agency’s arrest of the criminal by inducing the criminal intent by means of deception or attack, etc. against a person who does not have the original criminal intent of mistake of facts or misapprehension of legal principles is illegal. In a specific case, whether it constitutes an illegal naval investigation should be determined by considering the type and nature of the crime in question, the status and role of the inducer, the details and method of the inducement, the response of the inducedr by inducement, the reaction of the inducedr by inducement, the history of the punishment of the induced person, and the illegality of the inducing act itself
It is not allowed that the inducer, who is directly related to the investigation agency, appeals to the ruling or appraisal of the inducer by taking advantage of personal and close relationship with the inducer, or is unable to refuse or take advantage of monetary or psychological pressure or threats, or excessively intervenes by providing money to be used for the crime by presenting the method of the crime, or providing it to the money to be used for the crime. However, it is not allowed to cause the inducer to commit the crime because it constitutes an illegal undercover operation.