A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

Around February 2, 2007, the Defendant was confirmed to have been infected with a human immunodeficiency virus, which is the cause of AIDS, by the Korea Centers for Disease Control and Prevention, and was married with the victim B on May 25, 2010 without notifying the above fact, and reported the marriage to the victim B on May 25, 2010. However, on January 2, 2016, the Defendant reported the fact to the victim during marital match and divorced with the victim around September 2017.

No person infected with human immunodeficiency virus shall perform any act of propagation intermediary to another person through blood or body fluids.

Nevertheless, on March 14, 2015, the Defendant, at the residence of the Defendant of the C&C building, had the victim use the red sea, etc., and inserted the victim’s sexual organ into the Defendant’s sound book at the location of the Defendant. On July 14, 2015 and on October 10 of the same year, the Defendant used the victim’s sexual intercourse with the Defendant one time in the same manner at the place of the Defendant’s sexual intercourse with the Defendant on three occasions in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement concerning B;

1. Subparagraph 2 of Article 25 and Article 19 of the Prevention of Acquired immunodeficiencydeficiency Syndrome Act concerning criminal facts;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (a favorable circumstances, such as the reflection, the defendant's primary offender, and the fact that B is not infected with AIDS) of the suspended execution;