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Back許姓人夫指控妻子與同事偷吃,基地台定位證據不足,二審駁回加賠請求
許姓人夫指控妻子與同事偷吃,基地台定位證據不足,二審駁回加賠請求
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自由时报3 hours agoLaw2 min readChinaView translation

許姓人夫指控妻子與同事偷吃,基地台定位證據不足,二審駁回加賠請求

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許姓男子發現妻子與同公司李姓男同事發生婚外情並傳送露骨訊息,一審判李男賠償20萬元。許男不服提起上訴,主張兩人基地台重複顯示私會開房,要求加賠60萬元。二審法官認為基地台訊號範圍廣,無法證見面或親密互動,駁回上訴,判決定讞。

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Why It Matters

許姓男子與妻子結婚近9年並育有2名子女,2025年初翻閱妻子手機時發現其與同公司李姓男同事傳送大量露骨訊息,內容包含性愛細節與配偶床事比較。

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許姓人夫抓包妻子與同公司李姓男同事爆發婚外情,一審判小王賠償20萬元,人夫不服,認為賠償太低並提出手機基地台定位,指控兩人仍私會開房,上訴要求加賠60萬元,但二審法官認為,同基地台不等於在偷情,駁回許男之訴。

判決指出,許姓男子與妻子結婚近9年並育有2名子女,2025年初,許男翻閱妻子手機,驚見妻子與任職同一旅行社的李姓男同事傳送大量極度露骨的鹹濕訊息,不僅互相大談「床單濕濕」、「進去身體」等性愛細節,甚至還拿彼此配偶的床事做對照,許男氣得提告求償80萬元,橋頭地方法院審理後,認定李男侵害配偶權情節重大,判賠20萬元。

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不過,許男認為判賠金額過低提起上訴,並主張,李男月薪高達6萬6千至6萬9千餘元,名下還有多筆投資,資力頗豐,且偷吃事件曝光後,李男竟未收斂,兩人還在2025年2月至5月間,先後於台南某賓館及妻子住處私會4次。

許男向電信公司調閱兩人的行動電話基地台位置,證明兩人當時使用相同基地台,侵害配偶權情節顯然更為嚴重,要求李男應再給付60萬元。高雄高分院審理時,李男辯稱,兩人僅為同事分享婚姻狀況,許男提出的基地台紀錄無法證明兩人有見面。

二審法官指出,原審認定李男侵害配偶權事實並無不當,至於許男提出基地台紀錄欲證明兩人私會開房的部分,二審法官認為,行動電話基地台訊號涵蓋範圍甚廣,兩人手機縱使使用同一基地台,也無從逕認雙方有見面,更無法推論有親密互動,因此許男上訴主張搜證與加賠均無理由,判決駁回,全案定讞。

Open Questions

  • 李男與許妻是否真的有實質性關係?
  • 基地台定位在婚外情案件中的證據能力如何?
  • 許男是否會進一步提起再審或其他法律行動?

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