A. misunderstanding of facts and misunderstanding of legal principles are cited as grounds for appeal. The argument of misunderstanding of facts is that the investigation, which led to the court of the original instance having failed to conduct a hearing and arresting the defendant, is a naval investigation, and as a whole, it can be viewed as misunderstanding of legal principles.

The criminal investigation of the defendant is a type of naval investigation that causes a criminal offense, since police officers and K, who gather a police officer and the criminal investigation into a vessel, have the criminal defendant carry a philopon on the wind that provides a melopon (one philopon; hereinafter referred to as "philopon").

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, it is unlawful for an investigative agency to induce a criminal intent by using deceptive means, schemes, etc. against a person who does not have the original criminal intent, and arrest the criminal. In a specific case, whether it constitutes an illegal naval investigation in a specific case 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 details and method of the inducement, the response of the inducer due to the inducement, the history of the punishment of the inducer, and the illegality of the inducing act itself.

Therefore, it is not permitted that the inducement directly related to the investigation agency is an illegal undercover operation, but it is not permitted that the inducer causes a criminal intent by excessively participating in the situation or appraisal of the induced person using personal friendly relationship with the induced person, by posing or threatening a dynamic psychological pressure or threat, or by making it difficult to refuse, or by presenting the method of the crime and providing the money to be used for the crime.