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A woman took her mother to break into the house to catch her husband cheating on her, and was sentenced for illegally trespassing. Do you think it is reasonable?

A woman took her mother to break into the house to catch him in order to make a video of her husband cheating. I think it is reasonable to be sentenced for illegally trespassing into a house.

In Neijiang, Sichuan, in the early hours of one morning, Ms. Li took her mother to catch her husband and his wife. The mistress appears. Ms. Li lied that she did not have the key and asked the locksmith to open the door. When the two rushed in to take pictures, their husband suddenly rushed over and chased them away. The mother beat her husband in the face, while Ms. Li and her mistress were fighting each other, and the scene was chaotic.

Afterwards, it was determined that the husband suffered a perforated lip and laceration from the beating, which constituted a minor injury of the second degree. Moreover, the house that Ms. Li and her mother broke into was not her husband’s, but the house of her mistress’s friend. In the end, Ms. Li was sentenced to 6 months in prison, suspended for 1 year, for illegal trespassing, while her mother was sentenced to 1 year, suspended for 1 year, for illegal trespassing and intentional injury.

I lost my wife and lost my troops at the same time! Ms. Li got off to a bad start and failed to catch the adulterer. Instead, she got herself and her mother involved. Extramarital affairs are a major killer of marriages, and there are many divorces due to extramarital affairs. However, it has always been difficult to obtain evidence of extramarital affairs. On the one hand, it is necessary to provide evidence of extramarital affairs, and on the other hand, it must not infringe on the rights of others, including third parties. If not, you will be like Ms. Li in this case. She originally wanted to catch the rape and leave evidence in bed, but unexpectedly she was sent to a cell.

Ms. Li and her mother illegally broke into the house where her husband and mistress lived in the early morning. After being discovered, she not only refused to leave, but also had a conflict with her husband. This behavior complies with the constituent elements of the crime of illegal intrusion into a residence stipulated in the Criminal Law. Generally, the person may be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention.

In order to prevent Ms. Li from taking photos with her mother-in-law, the husband got into a fight with her. The mother-in-law directly punched her husband on the left side of his face with her fist, causing a perforated lip and laceration, which was a minor injury of Level 2. According to the "Criminal Law", anyone who intentionally injures another person's body, and the injury has reached a minor injury or above, may constitute the crime of intentional injury. Generally, the person may be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or public surveillance. Evidence of her husband's cheating was obtained, but both she and her mother were sentenced. It’s really not worth the loss. But will the judge accept the evidence obtained in this way? Therefore, to a large extent, courts will not recognize "evidence of rape" obtained at the expense of other people's privacy rights. So how do you collect evidence to save yourself if you encounter an affair?

First of all, you must adopt reasonable methods to collect evidence, and your own evidence collection has a greater chance of being accepted. If the other party is still living at home, you can choose to move out for a period of time and install a camera at home to collect evidence; secondly, you can guide your spouse to write a "letter of guarantee" and a "letter of regret" as strong evidence of the other party's extramarital affair;

Finally, if the above evidence is difficult to obtain, you can collect as much indirect evidence as possible, such as some letters from the third party, some gifts exchanged, telephone records, hotel bills, audio-visual materials, witnesses Testimonies form a tight chain of evidence to prove the fact of cheating.