생명윤리및안전에관한법률위반
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. In light of the legislative purpose and history of the Bioethics and Safety Act, the Defendant: (a) determined that two persons are married couple who actually engage in marital life through the diagnosis and treatment counseling for H; (b) as a result of the medical examination and treatment counseling for H; and (c) received written consent for artificial insemination and artificial insemination treatment by mutual consent of both spouses; (d) in light of the legislative purpose and history of the Bioethics and Safety Act, the intent to produce embryos and ova can not be deemed as requiring the Defendant to submit objective data in order to verify whether the person asserted as the spouse is a true spouse; and (e) in light of I and H’s speech and behavior, the Defendant cannot be deemed as having failed to obtain the written consent of I’s spouse, the lower court convicted the Defendant of the facts charged of this case by misapprehending legal principles and misconception of facts.
B. In light of the fact that the Defendant did not obtain any benefit from the instant crime, and did not have any previous conviction, so far, the Defendant has been making unconstitutional efforts for the patients in distress, etc., the punishment imposed by the lower court (three million won of fine) is too unreasonable.
2. Determination
A. The former Bioethics Act (amended by Act No. 11250, Feb. 1, 2012; hereinafter “former Bioethics Act”) shall apply to the instant act in which the Defendant acquired embryos by extracting I’s sperm on December 5, 2008, and thereby making a decision on the misapprehension of the legal doctrine and the assertion of mistake of facts. The former Bioethics Act shall be governed by the former Bioethics Act (hereinafter “former Bioethics Act”). The former Bioethics Act shall ensure bioethics and safety in biotechnology to prevent infringement of human dignity and worth or harm to human body, and shall create conditions that can be developed and used for the prevention and treatment of human diseases.