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(영문) 수원지방법원 2018.10.10 2018고단4409

후천성면역결핍증예방법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2017, the Defendant was sentenced to a suspended sentence of three years on March 30, 2018 at the Seoul Central District Court for a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on March 30, 2018.

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

On February 14, 2011, the Defendant was confirmed by the Korea Centers for Disease Control and Prevention (HIV).

1. On January 16, 2017, at around 03:00, the Defendant, despite being aware of the fact that human immunodeficiency is infected with the said virus, he/she does not take preventive measures against infections through sexual intercourses, such as the use of the E and contact sea, which he/she came to know at around that time.

2. On February 1, 2017, at around 06:00, the Defendant, despite being aware of the fact that human immunodeficiency is infected with the said virus, he/she did not take preventive measures against infections through sexual intercourses, such as using the E and the red sea, as described in paragraph (1), without wearing the red sea 103 under G underground located in the Gangnam-gu Seoul Metropolitan Government F, if he/she conducted sexual intercourses with the mouth or anus, and without hiding the fact that he/she is infected with the said virus, he/she committed sexual intercourses through the mouth and anus.

As a result, the defendant, as a patient with immunodeficiency syndrome through a total two times, was acting as a intermediary for radio waves through a body value.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Written opinions, copies of medical records, certificates, and data requested for cooperation in business;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as a copy of each written judgment and criminal history;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.