The defendant's appeal is dismissed.

D, in collusion with an investigation agency to arrest a defendant, a defendant who refuses to take notes on several occasions, was engaged in an unexpected investigation that causes a crime that is not permitted, such as requesting the defendant to deliver a penphone, and thus, the prosecution against this part of the grounds for appeal is unlawful.

The investigator illegally forced the defendant into his/her residence and seizes the defendant's residence without a search and seizure warrant, and the evidence acquired based on the search and seizure warrant is illegal, so it cannot be used as evidence of guilt against the defendant.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

The judgment on the argument of the vessel investigation (the provision of philophones and possession) is based on the relevant legal principles, and the investigation agency's arrest of the criminal by inducing a person who does not have the original criminal intent by using deceptive means, schemes, etc. is illegal. As such, whether it constitutes an illegal vessel investigation in a specific case should be determined by taking into account the type and nature of the crime in question, the status and role of the inducer, the background and method of the inducement, the response of the inducer by inducement, the reaction of the induced person, the history of the punishment of the inducer, and the illegality of the inducing act itself.

It is not allowed for an inducer to commit a crime by a person who has direct relations with an investigative agency to appeal to the ruling or appraisal of the inducedr by taking advantage of personal and friendly relationship with the inducedr, or by committing a gold or psychological pressure or threat, etc., or by excessively interfering with the crime by providing money to be used for the crime, etc. by presenting the method of the crime, or by providing the method of the crime. However, it is not allowed for the inducer to commit a crime because it constitutes an illegal undercover investigation.