업무상촉탁낙태
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, one year of suspended execution, and one year of suspended qualification) of the lower court against the Defendant is too unreasonable.
2. The life of the fetus is one of the important legal interests that our criminal law intends to protect, as in the life of the human body, and the normative power of the criminal law that prohibits abortion is still maintained to protect the life of the fetus, etc. that is disadvantageous to the defendant.
However, in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., the Defendant’s sentence against the Defendant is unreasonable, considering the following as a whole: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the right to self-determination on the abortion of a female; (c) the Defendant performed abortion surgery against each pregnant woman with four and seven weeks of pregnancy; and (d) the pregnant women who requested the Defendant to commit abortion were likely to have a bad influence on the fetus by taking drugs, etc.; and (e) the demand for abortion was made on or around June 14, 2015; (d) the Defendant made a report on the discontinuance of business with the pregnant woman he operated; (e) the Defendant did not have any punishment power; and (e) the Defendant did not have any punishment power; and (e) the Defendant’s age, character and behavior, motive and consequence
Therefore, the defendant's argument of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence against the defendant recognized by the court are identical to each corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 270 (1) and (4) of the Criminal Act concerning the facts constituting an offense;
1. Concurrent Crimes.