The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not have the intention of arranging sexual traffic at the beginning. Since a crackdown police officer's request to arrange sexual traffic and resulting in the instant crime, this is a naval investigation that leads to the occurrence of a crime by inducing a person who has no criminal intent to commit the instant crime, and thus, arrests the criminal by means of deception or attack, and thus, a judgment dismissing the prosecution of the instant case shall be sentenced.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. The judgment on the assertion of mistake of facts and misapprehension of legal principles refers to an investigation method by which an investigation agency, by means of deception or attack, etc., causes a person who does not have the original criminal intent to commit a crime, thereby arresting the criminal. Thus, if it is merely an opportunity to commit a crime against a person who has the criminal intent or arresting the criminal by simply means of deception or attack, etc., it shall not be deemed a naval investigation.

(1) In order to determine whether an act constitutes an illegal undercover operation in a specific case (see, e.g., Supreme Court Decision 2007Do4532, Jul. 26, 2007). Determination of whether an act constitutes an illegal undercover operation ought to be made by comprehensively taking into account the type and nature of the relevant crime, the status and role of the inducer, the details and method of inducing the inducer, the reaction of

(See Supreme Court Decision 2006Do2339 Decided July 12, 2007, etc.). In light of these legal principles, the health stand in the instant case, and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the police officer in charge of acquiring intelligence and arranging sexual traffic in the Sungnam-gu Helel, Sungnam-gu, Sungnam-gu, and visited the instant business establishment by pretending to be a customer; ② the Defendant: (a) the Defendant: (b) the Defendant: (c) the Defendant: (a) the Defendant: (a) the Defendant: (a) the Defendant: (a) the Defendant: (a) the young person who was not a police officer with a ice stopin sa