마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
0.52g (Evidence No. 3) of seized white paper;
1. Summary of grounds for appeal;
A. On May 18, 2014, even if the Defendant’s claim for the Defendant’s naval investigation was detained in an investigative agency for a drug-related crime, the Defendant requested the Defendant to seek Metept amba (hereinafter “Handphone”) by posting a number of calls on May 19, 2014 and May 20, 2014.
This constitutes a naval investigation that caused the criminal intent of the defendant, so the defendant cannot be held liable for the crime.
B. The sentence imposed by the court below on the defendant on the grounds of unfair sentencing by the defendant and the prosecutor is too heavy or unreasonable.
2. Determination
A. (1) Determination as to the assertion of a naval investigation refers to the method of investigating a person who does not have the original criminal intent to commit a crime by means of deception, attack, etc. and inducing the investigation agency to arrest the criminal. Thus, if a person who has the criminal intent gives a person an opportunity to commit a crime or makes it easy to commit a crime, it shall not be deemed a naval investigation.
(1) The judgment of the court below is justifiable in light of the following: (a) the type and nature of the crime in question; (b) the status and role of the inducer; (c) the process and method of the inducer; (d) the response of the inducer following the inducer; (e) the history and method of the inducer’s punishment; and (e) the illegality of the inducer’s act itself in a specific case.
Therefore, it is not allowed that the inducer who is directly related to the investigation agency appeals to the ruling or appraisal of the inducer by taking advantage of the personal-friendly relationship with the inducer, or to take advantage of or threaten monetary or psychological pressure or threats to the inducer, or excessively intervene in the crime by making it difficult for the inducer to take advantage of it, or by providing the money to be used for the crime, etc., or by presenting the method of the crime in detail, it is not illegal undercover operation. However, it is not allowed that the inducer is an investigation agency.