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An appeals court upheld a lower court ruling Sunday acquitting a defendant of home invasion, saying visiting a female colleague’s home when her husband was absent di not constitute a crime.
“The defendant visited his female colleague’s home with her consent, which can hardly lead to the conclusion that he intended to commit adultery or other behavior not accepted generally in society,” said presiding judge Kim Han-sung of the criminal appeals panel at the Suwon District Court, rejecting an appeal by the prosecution. “It can hardly be regarded that it broke the peaceful life of her husband who was a co-living rights owner."
The chief judge also said that it is natural behavior generally allowed in the Korean society if one of a couple invites a guest even if the other is absent. As a result, it is unfair if the guest is punished on the grounds that a guest is of the opposite sex or the invitation hours are late in the evening, Kim added.
A 38-year-old man, identified as Oh, was indicted in October, 2010, for staying for about one hour after visiting his female colleague’s home when her husband was absent. He was ruled innocent at the first trial.
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