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(영문) 대법원 2013.11.14 2013도10427
특정범죄가중처벌등에관한법률위반(마약)등
Text

All appeals are dismissed.

Reasons

1. As to the Defendants’ grounds of appeal

A. In light of the various circumstances as to Defendant A’s grounds of appeal, taking into account the following factors: (a) the amount of penphones imported and exported closely; (b) the crime of this case was committed systematically and systematically; (c) the Defendant’s age, character and conduct; (d) the circumstances after the crime was committed; and (e) the conditions for sentencing indicated in the records, such as criminal records, even if considering the circumstances alleged by the Defendant, the lower court’s sentencing that sentenced the Defendant

B. As to the grounds of appeal by Defendant B, C, E, and F, it is unlawful for the investigative agency to induce a person who did not have the original criminal intent to commit a crime by using deceptive means, schemes, etc. against the person who did not have the original criminal intent as to Defendant C’s grounds of appeal. Whether it constitutes an illegal naval investigation in a specific case ought to 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 by inducement, the response of the inducedr, the history of the punishment of the inducer, and the illegality of the

Although it is not allowed that the inducer, who is directly related to the investigation agency, appeals to the ruling or appraisal of the inducedr by taking advantage of personal friendly relationship with the inducedr, or by causing or refusing monetary or psychological pressure or threats, or by excessively intervening in the crime by providing the money to be used for the crime, etc., it is illegal under the criminal investigation. However, it is not allowed that the inducer merely requested the induced person to commit the crime more repeatedly and repeatedly without having direct relation with the investigation agency, and the investigation agency cannot be deemed to have used the means or schemes, etc., even if it is caused, the intent of the inducer was caused.

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