A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

On March 2, 2012, the Defendant was confirmed to have been infected with human immunodeficiency virus (HIV), which is the cause of AIDS at the Jeonnam University Hospital, and reported to the Korea Centers for Disease Control and Prevention on March 2, 2012.

On June 14, 2014, from around 16:40 to 17:10 on the same day, the Defendant, at the home of the Defendant located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, through the Internet site used by same-sexs, cut off D, which became known through the Internet site, and, if he, even though he knows that human immunodeficiency virus may be infected if he does not go through the contact, he did an act of similarity by inserting one’s own sexual organ into D, etc., without concealing the fact that he is infected with human immunodeficiency virus, on the ground that he is not likely to be infected with human immunodeficiency virus, on the ground that he/she is not likely to be infected with human immunodeficiency virus.

Accordingly, the Defendant, as an infected person with human immunodeficiency virus, was using the body fluids.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Each police statement concerning D;

1. Written petition of D;

1. On-site CCTV photographs;

1. A certificate of medical records of the accused;

1. Application of the legislation in its opinion;

1. Subparagraph 2 of Article 25 and Article 19 of the Prevention of Acquired immunodeficiencydeficiencydeficiency Syndrome Act concerning facts constituting an offense;

2. The reason for the suspended sentence of Article 62(1) of the Criminal Act (a favorable circumstances of the reasons for sentencing below) is that the current medical technology is rapidly spreading, and thus, it is clear that the act of mediating radio waves itself is highly dangerous and, even though it is difficult to thoroughly manage all business patients, the defendant did not explain his/her infection to the other party and did not take protective measures, such as red sea, without explaining the other party.