The judgment of the court below is reversed.

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

The seized evidence1 to 12 shall be confiscated.

1. Summary of grounds for appeal;

A. With regard to the facts constituting the crime of the judgment of the court below in misunderstanding of facts, the fact that the defendant was holding a phiphone is attributable to H’s inducing the defendant to purchase a phiphone while being investigated by an investigative agency, which constitutes an illegal naval investigation induced by an investigative agency, and thus, this part of the indictment is null and void.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. The criminal intent of a person who does not have the original criminal intent in determining the assertion of mistake of facts is unlawful in the arrest of the criminal by inducing the criminal intent by means of an investigative agency’s deception, attack, etc.

Therefore, the issue of whether the defendant constitutes an illegal undercover operation in a specific case should be determined by comprehensively taking into account the type and nature of the crime in question, the status and role of the inducer, the details and method of the inducement, the response of the inducer due to the inducement, the history of the punishment of the inducer, and the illegality of the inducing act itself, etc. Therefore, in cases where the inducer merely instigated the inducer to commit the crime more repeatedly and repeatedly without direct relation with the investigative agency, and where the investigative agency cannot be deemed to have used the means of deception, attack, etc., even if it caused the criminal intent of the inducedr.

Even if it does not constitute an illegal naval investigation.

(see, e.g., Supreme Court Decisions 87Do915, Jun. 9, 1987; 2006Do2339, Jul. 12, 2007). According to the evidence duly adopted and examined in the lower court and the lower court, H was arrested on November 20, 2012 due to the possession and administration of philopon and suspected charge, and requested the Defendant to seek philopon several calls before being arrested.