All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The evidence No. 1 to No. 30

1. Summary of grounds for appeal;

A. The crime listed in the [Attachment 3 and 4] of the lower judgment by misapprehending the legal doctrine is a crime committed by an investigative agency, using E and I, to have the Defendant purchase or sell phiphones, and thus, the prosecution against the above part is null and void.

B. The lower court’s sentence of unreasonable sentencing (the first instance court’s sentence: imprisonment of one and half years, confiscation, collection, and the second instance court’s sentence: imprisonment of six months, and collection) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment of the court below, and the court decided to concurrently deliberate on the appeal against the judgment of the court below. Each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

However, the defendant's assertion of legal principles is still subject to the judgment of the court, and the following is examined.

B. As to the assertion of misapprehension of the legal principles, it is unlawful for an investigation by an investigative agency to arrest a criminal by inducing a criminal intent by using a deceitful act or an attack against a person who does not have the original criminal intent as to the assertion of misapprehension of the legal principles

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 of the punishment of the inducer, and the illegality of the inducer's act itself in a specific case.

Therefore, by taking advantage of personal-friendly relationship with the inducer, the inducer who is directly related to the investigation agency appeals to the Easternness or appraisal of the inducer, or leads to or threatens monetary or psychological pressure or threats, or makes it difficult to refuse it; or