The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where the Defendant, such as mistake of mistake of facts, conceals the abbreviationd infection of the HIV “HIV” human immunodeficiency virus (Imuneficicy Virus) and has sexual intercourse with the victim several times without using the mixed Sea, and there is a proximate causal relation between the act of sexual intercourse with the victim and the victim’s “HIV” infection, which is proved by the victim’s statement, etc.

Nevertheless, the judgment of the court below which acquitted the not guilty portion of the facts charged as to the acquittal portion (hereinafter “the facts charged”), is erroneous in the misapprehension of legal principles and misconception of facts.

B. The lower court’s sentencing is too unjustifiable and unreasonable.

2. Determination

A. On November 2015, the Defendant was found to have been infected with human immunodeficiency virus, which is a cause virus of AIDS (one-person AS), and reported as infected person to the Korea Centers for Disease Control and Prevention (hereinafter “HIV”). On October 2016, the Defendant, despite being aware of the fact that he/she could be infected with human immunodeficiency virus, was found to have been infected with human immunodeficiencydeficiency virus (one-person AS), and was reported as infected person to the Korea Centers for Disease Control and Prevention (hereinafter “HIV”). The lower court acquitted the Defendant on the ground that he/she was unable to use the Defendant’s place of residence or exempted from human immunodeficiency (hereinafter “V”), without using his/her place of residence until June 10, 2015, by treating the victim D (ma, 30 years of age) located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City.