Therefore, this constitutes an illegal undercover operation, and the prosecution of this case, which was instituted based on an illegal undercover operation, is unlawful.

Nevertheless, the judgment of the court below convicting of the facts charged of this case is erroneous in the misapprehension of legal principles as to naval investigation, which affected the judgment.

The punishment sentenced by the court below (one year of imprisonment, confiscation) is too unreasonable.

Judgment

As to the assertion of misunderstanding the legal principles, the defendant also argued the above, and the court below found the defendant guilty of the facts charged in this case on the ground that the defendant's crime of this case cannot be deemed to have caused criminal intent through the investigation agency's speech or attack, etc. in light of the court below's reasoning and circumstances acknowledged by the evidence duly adopted and investigated by the court below. The judgment of the court below is just, and there is no violation of law by misunderstanding the legal principles as argued by the defendant.

As to the unfair argument of sentencing, the sentencing on the basis of statutory penalty is a discretionary judgment that takes into account the conditions of sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of directness taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance is discretionary when comprehensively considering the factors and sentencing criteria in the first instance sentencing trial process.