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집행유예
(영문) 부산지방법원 동부지원 2008.10.8.선고 2008고단615 판결

가.보건범죄단속에관한특별조치법위반(부정의료업·자)·나.업무상촉탁낙태·다.허위증명서작성·라.허위작성증명서행사

Cases

208 Ma615 Ga. Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Services)

I)

(b) Occupational abortion;

(c) Preparation of false certificates;

(d) Exercising a false preparation certificate;

Defendant

1. (a) . (b) . (d) A1 (52 years old, female), and non-permanent;

2. C. A2 (31years, Residuals), doctors; and

Prosecutor

Kim Jong-mun

Defense Counsel

Attorney Credit Card (private ships for Defendant A1)

Public-service Advocates (National Ship for Defendant A2)

Imposition of Judgment

October 8, 2008

Text

Defendant A1 shall be punished by imprisonment with prison labor for two years, suspension of qualifications for three years, fines for five thousand won, and fines for 5,00,000 won, and Defendant A2 shall be punished by a fine of three thousand won,00,000 won.

In the event that the Defendants did not pay the above fine, the Defendants shall be confined in the Labor House for a period of 50,000 won converted into one day.

However, for 3 years from the date this judgment became final and conclusive, the execution of the above imprisonment with prison labor for Defendant A1 shall be suspended.

Seized medical records (No. 1) shall be forfeited from Defendant A1.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

Defendant A1 is a midwife as the president of the 00 midwifery clinic, and Defendant A2 is a doctor as the president of the XX.

1. On June 6, 2007, the defendant A1 administered the "prostolidine", which is a 00 midwifery clinic located in the Suwon-gu in Busan on the part of the defendant A1, upon the request of B (34 years of age and female) to abortion with the fetus of 30 days of pregnancy, which is 30 days of pregnancy, and upon the request of B (30 years of age and female) and upon the request of B (0 days of age and June 7, 2007 and 00 of June 8, 2007, he administered the fetus to B "prostolidine", which is an 00 midwifery clinic, which is an 00 midwifery clinic on June 9, 2007.

2. Defendant A1 of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) is a midwife who is a medical person and is able to perform medical acts related to assistance in child delivery and the health and nursing guidance for pregnant women, women in childbirth, women in childbirth, and newborn babies, but is not allowed to perform medical acts other than those licensed.

Nevertheless, from December 25, 2006 to July 2007, Defendant A1 received 10,000 to KRW 125,00,00 in return for treating salt against 56 persons, such as a mother, etc. who found 00 midwifery clinic located in Busan Suwon-gu from around December 25, 2006 to around July 2, 200.

Accordingly, Defendant A1 is a person who is not a doctor for the purpose of profit-making.

3. On June 14, 2007, Defendant A1, who prepared a false certificate, made a call to Defendant A2 to detect the fact of abortion in order to identify that the fetus was naturally still stillborn, in relation to paragraph (1) from “00 midwifery clinic located in the Suwon-gu in Busan, and entered Defendant A2 in the column of “the cause of stillbirth” without confirming the fetus that was still stillborn in the area of Busan, upon request for the issuance of the stillbirth certificate. Defendant A2, upon request for the issuance of the stillbirth certificate, entered “the cause of stillbirth” in the column of “the date of stillbirth (accident)”, “the date of stillbirth in the area of Busan, 207, 30 months in June 9, 2007, 30 months in pregnancy,” and “the cause of stillbirth in the natural column”.

As a result, the Defendants conspired to prepare a false certificate of stillbirth (accident) which is a certificate of life or death.

4. Exercising a false certificate;

On June 14, 2007, Defendant A1 issued a false certificate of stillbirth(s) as described in paragraph (3) to C who is not aware of the fact that the “00 midwifery clinic located in Suwon-gu, Busan” was exercised as if it was actually prepared.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Defendant Al: Article 270(1) of the Criminal Act (the occupation of abortion on commission of duties and the concurrent imposition of suspension of qualifications), Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 2(1) of the Medical Service Act (the occupation of illegal medical acts and limited imprisonment).

Articles 233, 33, 30 (Preparation of False Certificate, Selection of Imprisonment), 234, 233, and 30 (Exercise of False Certificate, Selection of Imprisonment) of the Criminal Act, Defendant A2: Articles 233 and 30 (Preparation of False Certificate, Selection of Imprisonment) of the Criminal Act

1. Aggravation (Defendant A1)

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges

Judges Doo-ray