A. The public prosecution of this case by the Defendants is unlawful since it was conducted by an investigative agency based on an illegal investigation of the request for sexual traffic by the investigative agency.

B. Defendant A did not work at the motherel at the time of the instant case, and did not allow employeeO who had worked at the time to provide guest rooms for the purpose of sexual traffic. Thus, the lower court, which punished the said Defendant as a principal offender for violating the Act on the Arrangement of Commercial Sex Acts, Etc. through the Provision of Commercial Sex Acts, Etc., erred by misapprehending the legal principles and erroneous determination of facts.

C. The punishment of Defendant B (three million won of fine) of the lower judgment is too unreasonable.

2. Determination

A. Determination as to whether a person is an illegal naval investigation is illegal, but it is illegal that a person who does not have the original criminal intent is illegal to arrest the criminal by inducing an investigative agency to commit a crime by using deceptive means, schemes, etc.

Therefore, it should be determined by considering the type and nature of the crime in question, the status and role of the inducer, the details and method of the inducer, the response of the inducer, the history and method of the inducer's punishment, the illegality of the inducer's act itself in a specific case.

(Supreme Court Decision 2006Do2339 Decided July 12, 2007) According to the records, the police obtained an intelligence from an anonymous informant that conducts commercial sex acts by using neighboring mother lines in addition to the provision of alcoholic beverages in the G located in Busan Shipping Daegu, and the eight police officers belonging to the Busan District Police Agency and the Busan District Police Agency are on the joint control group, and one of them receives alcoholic beverages by pretending to enter G as an input group by eight officers belonging to the Busan District Police Agency and the Busan District Police Station living order group, and receives alcoholic beverages by pretending to enter G, and then the relevant female employees make a proposal for commercial sex acts, pay the price for commercial sex acts, and make a contribution to commercial sex acts, and are led to a confession from such female employees before reaching the sex relationship, and based on this, sexual sex acts.