All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (Definite or misunderstanding of legal principles) filed in this case the instant indictment is invalid in violation of the provisions of the law, since the investigative agency had caused the Defendant to commit an offense by an illegal act of naval investigation with the aim of stockpilinging the performance of the investigation of K and narcotics in need of another person’s public service.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

[Defense Counsel at the fifth trial date ( December 14, 2018) made a final statement of opinion to seek a defendant's right to the defendant at the fifth trial date, and even if this is considered as the grounds for appeal to the effect of unfair sentencing, the above assertion can not be viewed as a legitimate grounds for appeal since it was asserted after the lapse of the period for appeal, and there is no reason for ex officio examination.]

The prosecutor (unfair punishment) sentenced by the court below to the defendant is too uneasy and unfair. The punishment (two months of imprisonment, confiscation No. 1, additional collection 100,00 won) imposed by the court below is too uneasy.

2. Determination

A. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the relevant legal doctrine refers to an investigation method by which the investigative agency, by means of deception or attack, etc. against a person who does not have the original criminal intent, and thereby inducing the criminal to commit an offense, and thus, in cases where arresting the criminal by simply providing the person who has the criminal intent with an opportunity to commit a crime or by simply inducing or inducing the criminal, it shall not be deemed a naval investigation (see, e.g., Supreme Court Decision 2007Do4532, Jul. 26, 2007). As such, whether an act constitutes an illegal naval investigation in a specific case ought to be determined by comprehensively taking into account the type and nature of the relevant crime, the status and role of the inducer, the background and method of inducement, the response of the inducer due to inducement, the criminal history of the induced person, and the illegality of the induced act itself.

Therefore, it is directly related to investigative agencies.