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(영문) 창원지방법원 2017.09.13 2017노1079
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

The Defendant, misunderstanding the substance of the grounds for appeal, misunderstanding the legal doctrine, hereinafter, “L,” would lead the other party to have sexual intercourse with a narcotic drug.

“Inducing to commit each of the crimes of this case, each of the crimes of this case was committed by the other party, and since the other party received death from an investigative agency or was the most human being by the investigative agency, this constitutes a type of naval investigation causing a criminal intent.

Therefore, the public prosecution of this case based on the investigation of a type of crime is null and void in violation of the provisions of law.

The judgment of the court on the argument of misunderstanding the legal principles on the determination of the illegality of sentencing is unlawful. The investigation agency's arrest of the criminal by inducing the criminal by using deceptive means, schemes, etc. against a person who does not have the original criminal intent. In a specific case, whether it constitutes an illegal undercover investigation 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 inducement, the response of the inducer due to the inducement, the reaction of the inducer, the history of the punishment of the inducer,

Therefore, it is not permitted to cause the inducer to commit a crime because the inducer, who is directly related to the investigation agency, appeals to the ruling or appraisal of the inducer by taking advantage of personal-friendly relationship with the inducer, or is unable to reject, or excessively intervenes in the crime by either brupt psychological pressure or threat, or by specifically presenting the method of the crime and providing the money to be used for the crime, etc. However, it is illegal that the inducingr merely requested the induced person to commit a crime more repeatedly and repeatedly without having a direct relation with the investigation agency, and the investigation agency used the crus or schemes, etc.

In cases where it cannot be seen, even if the intent of the inducer was caused, it is illegal.

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