A. The court below found the defendant guilty of this part of the facts charged, which is erroneous in the misunderstanding of legal principles as to ship investigation by misapprehending the legal principles as to ship investigation, even though the defendant received Mestopphones (hereinafter referred to as "stopphones") from D at the time and place specified in the facts charged, this is due to illegal ship investigation by an investigative agency. Thus, the prosecution procedure should be dismissed because it constitutes a violation of the provisions of law.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. In a specific case regarding the assertion regarding the investigation of a vessel, whether it constitutes an illegal naval investigation shall be determined by comprehensively taking into account the type and nature of the relevant crime, the status and role of the inducer, the background and method of inducing the inducer, the response of the inducer, the punishment history of the inducer and the illegality of the inducing act itself, etc. In a case where the inducer merely requested the crime against the inducer without having a direct relation with the investigation agency, and where the investigation agency cannot be deemed to have used the means of deception, attack, etc., even if so, the intent of the inducer was induced.

Even if it does not constitute an illegal naval investigation.

In this case, there is no evidence to deem that the Defendant’s criminal intent to administer philophones occurred, and there is no evidence to regard that the Defendant’s use of philophones by an investigative agency was used. The Defendant’s act of entering the victim’s house with the victim F’s house was discovered by reporting the victim’s entry.

Therefore, the public prosecution of this case cannot be deemed as null and void due to the violation of the provisions of the law.