70 days of detention after an appeal shall be included in the calculation of the original sentence.

1. A naval investigation that induces a person who does not have the original criminal intent to commit a crime by means of tricks, schemes, etc. by an investigative agency to arrest the criminal is illegal. However, if the investigation does not induce a criminal intent, but merely provides an opportunity to commit a crime or facilitate a crime, it cannot be deemed unlawful (see Supreme Court Decision 2005Do1247, Oct. 28, 2005, etc.).

Examining the records in light of the above legal principles, since the defendant's crime of this case is recognized not to cause criminal intent by an investigation agency, the judgment of the court below which rejected the defendant's assertion that it is illegal since it constitutes a naval investigation is just and there is no violation of the rules of evidence, etc.

2. The self-denunciation stipulated in Article 52(1) of the Criminal Act refers to the offender’s expression of intent to seek prosecution by voluntarily reporting the criminal facts to the investigation agency (see, e.g., Supreme Court Decision 198Do4560, Apr. 13, 199). As such, the Defendant’s refusal to commit a crime by enforcing the investigation agency cannot be deemed to be a self-denunciation. The argument in the grounds of appeal on this point is rejected.

3. Therefore, the appeal shall be dismissed, and 70 days of detention days after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Hwang-sik

Justices Lee Hong-hoon

Justices Ahn Dai-hee