A. misunderstanding of facts and misapprehension of legal principles (as to the possession of philophones in the case of the 2017 Highest 5339) caused the criminal intent of the defendant by consistently demanding the defendant to seek philophones in collusion with investigation agencies. The defendant purchased philophones that he intends to bring about to I and was arrested. Accordingly, this constitutes a type of crime-causing naval investigation, and the prosecution of this part is unlawful.

B. The punishment sentenced by the lower court (two years of imprisonment, confiscation, and collection KRW 740,00) is too unreasonable.

2. Determination

A. Determination as to the assertion of misunderstanding of facts and legal principles 1) A vessel investigation that arrests a criminal by inducing a person who does not have the original criminal intent by means of an investigative agency’s deception or attack, etc. is unlawful (see Supreme Court Decision 2005Do1247, Oct. 28, 2005, etc.). However, whether a case constitutes an illegal vessel investigation in a specific case ought to be determined by comprehensively taking account of the type and nature of the relevant crime, the status and role of the inducer, the status and role of the inducer, the process and method of inducing the inducer, the response of the inducer, the criminal history of the inducer, and the illegality of the inducing act itself.

In addition, it is not permitted that the inducer, who is directly related to the investigation agency, appeals to the ruling or appraisal of the inducer by taking advantage of personal and friendly relationship with the inducer, or excessively intervenes in the manner that it is difficult for the inducer to refuse, or that it provides the method of the crime and the money to be used for the crime. However, it is illegal that the inducer does not have a direct relation with the investigation agency, but it is only illegal that the investigating agency requested the induced person to commit the crime more repeatedly and repeatedly without having a direct relation with the investigation agency.