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(영문) 창원지방법원 2017.08.09 2017노1523
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no criminal intent for the administration and possession of philophones. However, upon the request of the informant H, the Defendant sought philophones upon the request of the informant H to “to provide philophones and to introduce women,” and led the philophones to prevent the ballophones administered and possessed.

Since the investigation agency and H related with the investigation agency have induced the defendant to commit the crime of philophone medication and possession, this part of the indictment is based on illegal naval investigation and its procedure is null and void in violation of the provisions of the law.

B. Sentencing

2. Determination

A. As to the assertion of violation of Acts and subordinate statutes, it is unlawful for an investigative agency to arrest a criminal by inducing a person who does not have the original criminal intent by using deceptive means, schemes, etc., and thus, it is illegal to arrest the criminal. In a specific case, whether it constitutes an illegal naval investigation should be determined by 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 by the inducement, the reaction of the inducer by the inducement, the history of the punishment of

Therefore, it is not illegal undercover investigation that a person who has direct relations with an investigative agency appeals to the ruling or appraisal of the induced person by taking advantage of personal-friendly relationship with the induced person, or by applying a gold- or psychological pressure or threat to the induced person, or by excessively interfering with the crime by providing money to be used for the crime. However, it is not illegal undercover investigation that the induce person requested the induced person to commit a crime more repeatedly without having a direct relation with the investigative agency, but the investigative agency merely requested the induced person to commit a crime more than once without having a direct relation with the investigative agency.

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