A. The misapprehension of the legal principle (the possession of a philophone) that the Defendant purchased and administered a Metropha (one philophone). However, the philophone, which the Defendant possessed, requires C to submit to an investigation agency and left the philophone which he intentionally possessed, in a way to hold the Defendant’s telephone. This is an illegal naval investigation.

Nevertheless, the lower court found the Defendant guilty of the charge of carrying the instant phiphones, and the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (one year and six months of imprisonment, confiscation, and additional collection KRW 100,000) is too unreasonable.

2. We examine the misapprehension of legal principles regarding the assertion of a crime. The naval investigation refers to an investigation method by which an investigative agency arrests a person who does not have the original criminal intent by inducing a crime by means of deception or attack, etc. Thus, in a case where arresting a criminal by simply providing a person who has a criminal intent with an opportunity to commit a crime or by simply engaging in trick or attack, etc., it shall not be deemed a naval investigation (see Supreme Court Decision 2007Do4532, Jul. 26, 2007). Furthermore, in a case where an inducer, other than an investigative agency, requested a person who is not an investigative agency to commit a crime more repeatedly and repeatedly without having a direct relation with an investigative agency, and it cannot be deemed that the investigative agency used a deceptive act or attack, etc., even if it caused the criminal intent of the induced person.

Even if it does not constitute an illegal naval investigation (see, e.g., Supreme Court Decision 2008Do2794, Jul. 24, 2008). In light of the aforementioned legal principles, the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the health team, the original court and the trial court, and (i) Da’s immediately after the purchase of the instant philopon, have a philopon.