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(영문) 대전고등법원 (청주) 2016.10.20 2016노77
장기등이식에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant had not mediated or recruited the sale and purchase of B bean, and had been arrested through an illegal undercover operation by the police, the judgment of the court below is unlawful.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the court below, the defendant is entitled to punish B with money, and the defendant suggested that B will sell it, and the defendant's consent was requested to do long-term trade, prepare a letter to F, and send it to F, 50 million won, 30 million won, and 30 million won as stated in the criminal facts, such as requesting the preparation of a letter to F, and thus, it is sufficiently recognized that B had arranged long-term trade as stated in the facts constituting the crime. Thus, the court below did not err in the misunderstanding of facts as alleged in the grounds for appeal. 2) Examining the following facts: (a) considering that the investigative agency did not have the original criminal intent to commit a crime by inducing the defendant to arrest the defendant by means of speech or trick, etc., and (b) the defendant did not have an opportunity to commit a crime in the Congo, and (c) if it did not know that the defendant had to know that he had a criminal intent to commit a crime in the Republic of Korea, it cannot be said that the defendant had a 2707th ruling.

. has the intention to commit a crime rather than to do so.

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