Seoul Residential RoD TRAL CEE (Replacement in the detention house)

[Reference domicile] Goyang City

The number of detention days after an appeal shall be included in the original sentence for 70 days.

Even though the Defendant, in cooperation with the investigation agency, and arrested a seller of narcotics and confiscated narcotics, etc., started sales and purchase of narcotics, etc., if he/she took part in the import of narcotics beyond the direction of the investigation agency or the scope of delegation without reporting or obtaining permission on the import from abroad, etc. from the investigation agency in the process, if he/she did not report or obtain permission on the import from abroad, the Defendant cannot be said to have no criminal intent to commit the import of narcotics (Supreme Court Decision

4. 28. See Supreme Court Decision 2006Do941 Decided 28.

On the other hand, a naval investigation refers to an investigation method in which an investigative agency, by means of deception or attack, etc., causes a person who does not have the original criminal intent to commit a crime and arrests the criminal. Thus, if a person who has the criminal intent is simply provided with an opportunity to commit a crime or arresting the criminal by means of trick or attack, it shall not be deemed a naval investigation (see Supreme Court Decision 2007Do4532, Jul. 26, 2007, etc.).

The court below, after compiling the adopted evidence, found facts as stated in its reasoning and found it, and further, there are circumstances where the defendant started the purchase of Mestopphone (the Mesopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopicopopopopopopopicopopopopopicopopopopicopopicopopopicopopicopopicopopicopopicopicopicopopicopicopicopopicopicopicopicopicopicopicopicopopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicopicop

The judgment of the court of first instance which found the defendant guilty of the facts charged in this case on the ground that the defendant's crime cannot be deemed to be caused by the naval investigation because he is merely arrested the defendant who caused the criminal intent to commit a crime against the import of phiphones. In light of the above legal principles and records, the above judgment of the court below is just, and there is no violation of the rules of evidence or misapprehension of legal principles as argued in the

Therefore, the appeal is dismissed and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yang Sung-tae

Justices Park Si-hwan

Justices Park Il-il