The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On October 29, 2016, the Defendant did not have the original intent to administer and possess phiphones. The Defendant arrested the Defendant at the site of the arrest by inducing the Defendant to commit a crime by inducing the Defendant, who was sentenced to a fine by the investigative agency for the reason of cooperation in the investigation and released E to suggest the Defendant to sell phiphones in a false manner. This part of the indictment based on such a naval investigation constitutes a case where the procedure for the prosecution is invalid in violation of the provisions of the Act.

2) On July 21, 2016, the Defendant did not sell phiphones to J as to the sale of phiphones.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. On October 29, 2016, with regard to the assertion of misunderstanding of facts or misapprehension of legal principles, the investigation agency’s arrest of the criminal by inducing a person who does not have the original criminal intent with respect to the administration and possession of a self-philopon, etc. on the ground that the investigation agency is illegal. In a specific case, whether it constitutes an illegal naval investigation should be determined by comprehensively taking into account the type and nature of the crime in question, the status and role of the inducer, the background and method of the inducement, the response of the inducer due to the inducement, the criminal history of the inducer, and the illegality of the inducingr’s act itself.

Therefore, it is allowed that the inducer, who is directly related to the investigation agency, appeals to the ruling or appraisal of the inducer by taking advantage of personal and close relation with the inducer, or excessively intervenes in the manner that it is difficult to refuse, or that it provides money to be used for the crime, or that it is an illegal naval investigation.