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(영문) 대구지방법원 2014.02.05 2013노2642
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts constituting the crime of Section 2-A of the judgment of the court below (as to the crime of Section 2-A and Section 2 of the judgment of the court below) are as follows: (a) F was sentenced to imprisonment with prison labor for a obscenity crime; and (b) released on February 17, 2013, 2013, which led to the result of the test of philopic reaction with F himself during the prison prison period; (b) in collusion with the prosecutor's office, the defendant who has a narcotics record intentionally accessed the defendant by using the past probs in collusion with the prosecutor's office and requested the defendant to seek philopon several times; and (c) the defendant provided the F with philopon to F without any repeated demand as above, and the F provided it as evidence by delivering the philopon to the prosecutor's office; and (d) this is deemed as a result of the illegal naval investigation by the investigative agency that committed the F and the mother species agreement, and the prosecution based on the

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, a naval investigation that arrests a criminal by inducing an investigation agency to commit a crime by using a deceptive act or attack, etc. against a person who does not have the original intent to commit a crime is illegal. As such, 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 inducedr by inducement, the history of the punishment of the induced person, and the illegality

In order for the inducer directly related to the investigation agency to appeal to the ruling or appraisal of the inducer by taking advantage of personal-friendly relationship with the inducer, to avoid or threaten monetary or psychological pressure or threat, to refuse it, or to provide money to be used for the crime by specifically presenting the method of the crime.

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