The husband secretly rested on the top floor of the health care center and installed a monitor to search for evidence. All the scenes of the proprietress having an affair with Xiao Wang were recorded, and the husband sued the court in a fit of rage.

Situation photo.

(file photo)

[Reporter Yan Hongjun/Changhua Report] A female owner of a health care center in Changhua County had an affair with a customer. Her husband secretly rested on the top floor of the health care center and installed a monitor to collect evidence. All scenes of the owner’s affair with Xiao Wang were recorded. One sued the court and demanded 700,000 yuan in compensation.

Both his wife and Xiao Wang believe that the lounge is used as a resting place for employees. Collecting evidence here has seriously violated the privacy rights of others. To achieve this goal, it depends on the factual discovery. The purpose of civil and criminal litigation is different, and the level of evidence is naturally different. The defendant violated the plaintiff’s marriage, but he could not deny that the video footage was false. Therefore, the defendant was found to have lost the lawsuit and the plaintiff had to pay 400,000 yuan in compensation. Yuan.

The female owner of the health care center had been married to the plaintiff for 7 years. The marriage was originally happy, but the husband discovered that his wife was having an affair with a male customer the year before last, so he secretly went to the health care center to collect evidence of "stealing".

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There are 4 or 5 female employees in the health care center, and they usually go to the lounge on the top floor to rest. The husband installed 5 surveillance cameras in the 2 lounges, and soon recorded the scene of his wife and Xiao Wang rolling on the bed.

In order to collect a more complete picture, the husband "endured" for more than a month. In January last year alone, he found that two people shared the same bed three times, hugged twice, and two people had sex in the lounge in the early morning of February 3. The husband For this reason, he suffered great pain and visited the physical and mental department many times.

The wife told the judge that in order to seek compensation, the husband used "unscrupulous means" to use extremely secret surveillance cameras, and the rest room is a place for employees to rest. Sex, the viciousness it causes, is more serious than the infringement of marriage. Compared with the two, the evidence obtained illegally has no evidentiary force, and this video footage cannot be used as the basis for judgment.

The judge said that the purposes of civil and criminal litigation are different, and civil litigation does not have various regulations on the effectiveness of evidence collection like the Criminal Procedure Law. There is no clear regulation in the civil law on the ability of illegally collected evidence, but it does not deny its evidentiary ability. .

The judge pointed out that if the defendant wants to deny his evidentiary ability, he should prove that in the process of collection, he uses methods that infringe personality rights such as restricting the mental and physical freedom of others, and obviously violate social morality.

The judge stated that the illegal acts that impair the marriage rights of others are often done in a secret way, and it is often difficult for the victim to provide evidence. The evidence submitted by the plaintiff in this case has proved that the beautiful and harmonious marriage relationship of the plaintiff has been seriously damaged. Based on the situation and other circumstances, it is appropriate to consider that the plaintiff’s request for the defendant’s joint compensation of 700,000 yuan for spiritual consolation is too high, and it should be 400,000 yuan.