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(영문) 대전지방법원 2016.03.24 2015노3428

업무상촉탁낙태

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Nos. 1 to 40, respectively, of seized evidence.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of two years, the suspension of qualification one year, the forfeiture) is too unreasonable.

2. The life of the fetus is one of the important legal interests that our criminal law intends to protect, like the life of the human being. The normative power of the Criminal Act that prohibits abortion is still maintained to protect the life of the fetus, and the nature of the crime is not negligible in light of the period and frequency of each of the crimes in this case.

However, the defendant recognized the crime of this case and reflects the mistake in depth, the right to self-determination of women's abortion cannot be deemed to be light, and the defendant performed abortion only against pregnant women for not more than eight weeks, and the pregnant women who requested the defendant to abortion were likely to have a bad influence on the fetus by taking drugs, and requesting the defendant for abortion on the ground of pregnancy outside the marriage, etc. It seems that the defendant had no specific punishment history, except for the punishment of a fine once for this type of crime, the defendant reported the closure of business with respect to the pregnant women who he operated, and is living in the future as a doctor, etc., the defendant's age, sex, sex, environment, motive, means, means, results, etc., are favorable to the defendant, and considering various sentencing conditions prescribed in Article 51 of the Criminal Act, the defendant's allegation that the defendant's punishment of the punishment of the defendant is unfair and reasonable.

3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

【Grounds for the new judgment】 Summary of facts constituting an offense and evidence

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