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TITLE Supreme Court Decision 2007Do1903 Delivered on May 31, 2007 [full Text]
Summary
[1] The validity of a prosecution based on illegal entrapment investigation (void) and whether merely providing an opportunity to commit a crime to a person who has already formed a criminal intent constitutes illegal entrapment investigation (negative) [2] Where police officers posted surveillance near a drunken person lying on a park sidewalk in order to crack down on thieves who target drunkards, and police officers observed that the defendant appeared, lifted the drunken victim to his feet by the arms, led the victim away by about 10 meters and began to rifle through the victim's wallet, and so police officers immediately arrested the defendant at the scene, and subsequently filed charges against the defendant, it is held that such activities do not constitute a case of prosecution based on illegal entrapment investigation.
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