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(영문) 의정부지방법원 2018.03.27 2017고단5505

후천성면역결핍증예방법위반

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person infected with AIDS shall intermediate radio waves to another person through blood or body fluids.

On September 2017, the Defendant had the victim’s sexual organ inserted in the Defendant’s resistance while having sexual intercourse with the victim D at the Defendant’s house located in the Jung-gu Government City C on September 2017. The Defendant had the victim’s sexual organ inserted in the Defendant’s text.

On October 2017, the Defendant had sexual intercourse with the victim in the same manner as the victim at the same place.

As a result, the defendant, through body body body, assisted the victim by spreading it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Investigative Report - Attachment of Health Materials - Application of Acts and subordinate statutes to the management ledger for HIV infections

1. Article 25 subparagraph 2 and Article 19 of the relevant Act on the Prevention of Acquired immunodeficiencysis concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the punishment of the crime in this case is not less complicated in light of the content, risk, etc. of the instant crime.

However, the defendant shows an attitude against the defendant's wrongness.

The injured person does not want the punishment by putting the defendant on his / her letter.

There is no criminal record for the defendant.

There are circumstances to consider the motive and circumstances leading to the Defendant to commit the instant crime.

Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.