beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since there was no sexual intercourse between the Defendants in mistake of facts, the crime of adultery is not established.
B. In response to the divorce principal lawsuit by Defendant A, inasmuch as there was an obvious agreement between two parties to divorce, such as filing a counterclaim against divorce by Defendant A (a spouse), E constitutes a case where Defendant A’s adulterys are used.
Therefore, the prosecution against the Defendants should be dismissed because the prosecution against the Defendants is invalid.
C. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence in six months for each Defendant’s imprisonment) is too unreasonable.
2. Determination
A. The crime of adultery, the contents of which relate to the assertion of mistake of facts between men and women, is committed under the circumstances of extreme corruption or in difficult circumstances from the outside, due to the nature of the act, and it is extremely difficult to expect the existence of a direct physical evidence or witness. As for the crime of adultery, if it can be acknowledged that the crime was committed in accordance with the rule of experience by taking into account all the indirect evidence about the circumstances before and after the crime, it should be found guilty.
(See Supreme Court Decision 97Do974 delivered on July 25, 1997, etc.). In full view of the evidence duly adopted and examined at the court below and the court below, the defendants continued to have met several times from 2008 to 10 hours. At the time of the instant case, the complainants and she had been suspected of the relationship between the complainants and her son, and the defendant B had prepared a letter to the complainant that "I will not come back or contact with her husband, but will not come back later," and ② the defendants went back to the guest room after the departure of the instant case, and entered the guest room from 8:00 to 11:00 to 30 hours from 208.