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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The judgment below
The number of days of detention before pronouncement shall be fixed as one day.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant, first divinged, was out of clothes in E, and was cruel, but did not have sexual intercourse with E at the time, the lower court erred by misapprehending the fact that the Defendant had sexual intercourse with E, thereby adversely affecting the conclusion of the judgment.
B. Even if the conviction of the defendant on the grounds of unfair sentencing is recognized, the sentence of the court below against the defendant is too unreasonable in light of the background of the instant case, the present position of the defendant, etc.
2. Determination:
A. As to the assertion of mistake of facts, it is extremely difficult to expect the existence of a direct physical evidence or witness, since the crime of adultery between men and women is committed under the extreme corruption, or under the circumstances in which it is difficult to identify from the outside, due to the nature of the act.
Therefore, if it can be found that there was a crime in light of the empirical rule by comprehensively taking account of all the indirect evidence about the conditions before and after the crime, it should be found guilty.
(1) The defendant, on July 25, 1997, was released from the Republic of Korea on July 25, 2008; 2007Do4977 decided Nov. 27, 2008, etc.). In full view of the evidence duly adopted and examined by the court below, the defendant sent back to the Republic of Korea on March 24, 2003; 1) the defendant, from around March 24, 2003, went to the Republic of Korea, he met with D, who is a religious organization; 3) the husband, who was the husband, began to doubt the relationship between himself and E; 2) the defendant was traveling to the Republic of Korea on April 19, 204; 3) the defendant was allowed to go to go to the Republic of Korea after having come to the house; 107Do4977 decided Nov. 27, 2006; 203) the defendant was able to use the above e-learning with the defendant’s new wall.