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(영문) 서울중앙지방법원 2009.06.04 2009노741
간통
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that D, the spouse of the defendant, was aware of the facts of the instant adultery on February 2, 2008, and moved into a new apartment with the defendant and her natives residing in the past after having come to know of the facts of the instant adultery, and it continued a normal marital life without different previous names from that of the defendant, such as the outside activities of the family unit as well as the normal sexual relationship, and it continued two times and two times in pregnancy. This constitutes D, which constitutes a case where D was accompanied by the defendant, and thus, the court below found the defendant guilty of this part of the facts charged. The court below erred in the misapprehension of legal principles as to the statements of the crime of adultery, which affected the conclusion of the judgment.

2. In relation to the crime of adultery, one-way act indicating the other party’s intention to renounce a bad faith and not to hold the other party liable for such an act with the knowledge of the other party’s communication, as well as implicitly and explicitly, the method of communication is not limited.

However, in order to recognize a certain behavior or expression of intention expressing an appraisal as an oil, first, it should be done voluntarily with the clear knowledge of the inter-spouse's communication, second, it should be expressed in such a way that the true intent to continue the marriage is obvious and reliable despite such communication.

(See Supreme Court Decision 200Do868 delivered on July 7, 2000, etc.). Comprehensively taking account of the evidence duly admitted and examined by the court below and the court below, D, the wife of the defendant, who was a new apartment with the defendant and his young children, was aware that the defendant was in the middle events of the married couple's Dong and moved to a new apartment, and was present at the outside events of the married couple's Dong after being aware of the defendant's communication of this case, and was pregnant over two times.

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