A man in his 20s who hid the fact that he was infected with a sexually transmitted disease (STD), and infected a woman whom he had sexual relations with, was given a suspended sentence in his second trial.
According to the legal community on the 4th, the Seoul Eastern District Court Criminal Appeals 1-1 Division overturned the original sentence of six months imprisonment for a man in his 20s charged with assault and sentenced him to six months in prison with a two-year suspension.
The suspect was brought to trial on charges of having sexual relations with the victim multiple times without taking safety precautions, despite knowing he was infected with an STD in April 2022.
He was reportedly diagnosed with Herpes Type 2, which was transmitted through sexual contact around December 2021.
The victim sought medical attention after experiencing abnormal symptoms following her last sexual encounter with the suspect and was diagnosed with the same virus.
In July of last year, the first trial court sentenced the suspect to six months in prison. However, the suspect appealed, claiming the sentence was unfair.
The appellate court stated, “Considering that the defendant confessed to the charges during the investigation and in the original trial, and there is no reason to doubt the voluntariness of his confession and that the victim had not received treatment for the same disease before the sexual intercourse, we can conclude that the defendant infected the victim with the virus.”
However, the court cited reasons for leniency, stating, “Considering that the defendant has no prior criminal record and committed the crime inadvertently while drunk, we believe the original sentence was too harsh.”
Meanwhile, the suspect offered a settlement of KRW 10 million ($8,400) to the victim, but she refused to accept it and is currently suing the suspect for KRW 50 million ($42,000).
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