A. misunderstanding of facts or misapprehension of legal principles, and the Defendant committed a criminal investigation that resulted in an unauthorized criminal act, such as demanding the Defendant, who refuses to take notes in collusion with an investigative agency, to continuously seek writingphones on several occasions in order to arrest the Defendant. As such, the instant indictment based on such demand is unlawful.

B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the investigation agency’s arrest of the criminal by inducing the criminal by means of deception or attack, etc. against a person who does not have the original criminal intent to commit a crime is unlawful. As such, in a specific case, whether it constitutes an illegal naval investigation should be determined by comprehensively taking into account the type and nature of the crime in question, the status and role of the inducer, the background and method of inducing the inducer, the response of the inducedr by the inducement, the history of the punishment of the induced person, and the illegality

In order for the inducer, who is directly related to an investigation agency, to appeal to the ruling or appraisal of the inducer by taking advantage of personal and friendly relationship with the inducer, to avoid or refuse a gold or psychological pressure or threat, or to excessively intervene in the crime by providing money to be used for the crime, etc., it is not allowed to cause the inducer to commit a crime. However, it is illegal that the inducer merely requested the induced person to commit a crime more repeatedly without having a direct relation with the investigation agency, but the investigation agency used the deceptive or attack only once against the induced person without having a direct relation with the investigation agency.

In a case where it cannot be seen, even if the intent of the inducer was caused by the crime, it does not constitute an illegal naval investigation (Supreme Court Decision 2013. 203. 201.).