Whether the punishment for a crime committed by a naval investigation and the procedure therefor are illegal or not;

Even if a public official who controls narcotics-related crimes purchases narcotics from a defendant in front of the information source to conduct this case, if the defendant without any intention to commit this case, it cannot be deemed that the defendant's principal case is not a so-called crime, or there is a defect in the prosecution procedure or prosecution right, and such investigation is a separate issue and thus it cannot be deemed that the defendant's fundamental human rights are infringed.

Article 31 of the Criminal Act

Appellant

Attorney Kim Ho-ok

Gwangju High Court Decision 63No8 delivered on June 7, 1963

The appeal is dismissed.

The defendant's grounds of appeal are examined.

However, even if a public official who controls narcotics-related crimes purchases narcotics from the defendant before the Information Institute and conducts the crime in this case, the above facts are only true, and it cannot be viewed as a case where the defendant is not a so-called crime or there is a defect in the prosecution procedure or prosecution authority, and such act of investigation is a separate issue, and it cannot be viewed as a case where the basic human rights of the defendant is infringed.

The defendant's defense counsel's ground of appeal is that the court below's testimony of the witness interference is against the rules of evidence, but the defendant's defendant's defendant's defendant's defendant's defendant's imprisonment with prison labor for six months is not a ground of appeal under Article 383 of the Criminal Procedure Act, and it is not a legitimate ground of appeal against the original judgment.

It is so decided as per Disposition by all participating judges.

Judge Lee Young-su (Presiding Judge) of the Supreme Court Justice Lee Young-chul (Presiding Judge)