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(영문) 창원지방법원 2014.08.20 2014노666
간통
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendants of the facts that the defendants had sexual intercourse in full view of the photographs taken by the defendants without their intention, text messages that can see that the defendants were sexual intercourses, H's statements that the defendants had made a speech to acknowledge the crimes, and the statements of the defendant Eul, who is the husband of the defendant Eul, can be confirmed, but the judgment of the court below which acquitted them of the facts affected the conclusion of the judgment.

2. The lower court determined as follows: (a) there are field photographs and text messages, telephone statements, and pregnancy test notes as evidence consistent with the facts charged in the instant case; (b) according to the evidence duly admitted, the Defendants were able to take advantage of the following: (c) Defendant B’s right before and after the date and time indicated in the facts charged; and (d) facts that the contents of contact among the Defendants are frequent and that can be seen in relation to the relationship; (b) however, the indirect facts acknowledged as above are insufficient to deem the Defendants not guilty on the grounds that it is difficult to prove that the Defendants committed sexual intercourse beyond humpinging out the date and time indicated in the facts charged in the instant case, place, and place without any reasonable doubt.

3. Examining the evidence duly adopted and examined by the court below in light of the judgment of the court below, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court below, even after examining the record. Thus, the prosecutor's above assertion is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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