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(영문) 창원지방법원 진주지원 2012.07.10 2012고단1002

간통등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

On May 7, 2009, the Defendant received an induced abortion operation from a doctor E at a D Hospital located in Jinju-si C.

Accordingly, the defendant was dead.

Summary of Evidence

1. Police suspect interrogation protocol regarding E;

1. A written confirmation of admission;

1. A medicine expense invoice;

1. Answer to a request for fact-finding;

1. Application of statutes on medical records;

1. Relevant Article of the Criminal Act and Article 269 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Even if the relevant fetus was pregnant in accordance with the Defendant’s argument regarding the Defendant’s argument regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act, it does not constitute a ground for excluding illegality inasmuch as it is a abortion without the consent of the spouse as stipulated in Article 14 of the Mother and Child Health Act.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant is a person who has completed a marriage report with F on May 18, 199.

On April 2009, the defendant sent his name to the male who was sexually incomponed with his name in the middle and the second incomponible land.

2. Determination

A. Article 254(4) of the Criminal Procedure Act provides, "The facts charged shall be stated clearly by specifying the time, place, and method of a crime." The purpose of Article 254(4) is to ensure the efficiency and prompt trial by limiting the object of the trial, at the same time, to facilitate the exercise of the defendant's right to defense by specifying the scope of defense. As such, the prosecutor's time and time goes against double prosecution or prescription, as to whether the time and time is in conflict with territorial jurisdiction, as to the place, whether the place falls under territorial jurisdiction, and as to the method thereof, the specific facts constituting the elements of the crime shall be stated in order to distinguish the facts from the other facts. However, some of the elements for the specific elements mentioned above are somewhat unclear.