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Criminal · School Violence · Damages
Herpes STD Transmission - Bodily Injury
1. Case Overview
The complainant filed a complaint against the accused for continuing to have sexual relations while knowing he was a carrier of a sexually transmitted disease and without disclosing that fact, thereby transmitting the virus to the complainant and causing bodily injury requiring an unspecified period of treatment. Although the accused was already aware of his infection, he deliberately withheld it from the complainant, and the transmission was found to have been committed with intent or willful negligence. Bodily Injury was established, and the Prosecution issued a summary indictment with a KRW 3 million fine.
2. DAEON's Strategy
In this case of Bodily Injury through STD transmission, DAEON's attorney proved through medical records and conversation logs that the accused knew he was a carrier and deliberately concealed it, argued on the basis of precedent that Bodily Injury was established through willful negligence (dolus eventualis), and, emphasizing the victim's physical and mental suffering and the risk of reoffending, submitted continuous written opinions to the investigative authorities. Through this comprehensive response strategy aimed at securing stern punishment and preventing further harm, the accused's liability for Bodily Injury was established.
3. Result - KRW 3M Summary Fine
Shin Dong-woo
Kwak Dong-jun