The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The court below found the defendant guilty of the facts charged of this case, despite the invalidity of prosecution based on the illegal under the investigation of a vessel, since the crime of this case was committed by the investigative agency, which did not have the original criminal intent, caused the defendant to commit a crime by means of deception or attack.

Unfair sentencing: The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

Judgment

The legal doctrine of judgment on the assertion of legal principles refers to the method of investigating a person who does not have the original criminal intent by causing a crime by means of deception, attack, etc., and thereby arresting the criminal. Thus, if a person who has the criminal intent is merely giving an opportunity to commit a crime or arresting the criminal by simply providing a person who has the criminal intent with an intentional intent, it shall not be deemed as a naval investigation.

(1) The Criminal Procedure Act (amended by Act No. 1054, Jul. 26, 2007; 2007Do4532, Jul. 26, 2007; 2007; 305Do4532, Jul. 26, 2007) provides that a person who does not have the original criminal intent

Therefore, it should be determined by comprehensively considering the type and nature of the crime in question, the status and role of the inducer, the background and method of the inducer, the response of the inducer, the history of the punishment of the inducer, and the illegality of the inducing act itself in a specific case. Therefore, even if the inducer did not have a direct relation with the investigation agency, he merely instigated the inducer to commit a crime repeatedly several times against the inducer without any direct relation with the investigation agency, and if the investigation agency cannot be deemed to have used the means of deception, attack, etc., the intent of the inducer was induced.

Even if it does not constitute an illegal naval investigation.

(See Supreme Court Decision 2007Do10804 Decided March 13, 2008, etc.).