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(영문) 서울중앙지방법원 2019.11.28 2019노2688
후천성면역결핍증예방법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. A person infected with human immunodeficiency virus (HIV), as a result of the instant charges, shall not engage in any act of mediating radio waves to another person through blood or body fluids.

Nevertheless, at around 03:00 on December 15, 2017, the Defendant, without notifying his/her own residence, Gangnam-gu Seoul building B, subparagraph C, and himself/herself of the fact that he/she has already been infected with HIV, he/she did not notify his/her female friendly appearance D (at least 41 years of age) and carried his/her sexual organ into D’s quality without taking preventive measures such as the use of mixed Seas.

2. The lower court found the Defendant not guilty, on December 15, 2017, that: (a) the evidence submitted by the prosecutor alone cannot be deemed as having proved that the Defendant committed sexual intercourse with D without using the Red Seas, around 03:00 on December 15, 2017; and (b) the lower court acquitted the Defendant, without reasonable doubt, of the specific facts and circumstances in the judgment of the lower court.

3. According to the evidence submitted by the prosecutor of the grounds for appeal, it is sufficiently recognized that the defendant used the act of propagation by doing sexual intercourse with D without using the sea booms as stated in the above facts charged.

4. Examining the evidence duly adopted and examined by the court below (the prosecutor did not submit or apply additional evidence in the trial) and records, it is acceptable to accept the court below's finding of facts and circumstances as well as its judgment based on such facts and circumstances, and the prosecutor's above assertion is without merit.

5. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

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