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(영문) 대전지방법원 2013.06.20 2013노547

업무상촉탁낙태

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence [the suspended sentence (for each of the defendants A, B, and D: 6 months of imprisonment with prison labor and 1 year of suspension of qualifications)] against the defendants of the court below is deemed to be too uneasible and unfair.

Judgment

The life of a fetus is one of the legal interests that our criminal law intends to protect like the life of a person, and the normative power of the criminal law that prohibits abortion still remains in order to protect the life of the fetus, and in light of the period and frequency of each of the crimes in this case, the nature of the crime is recognized, but the right to self-determination on abortion of a woman cannot be deemed to be somewhat weak. Meanwhile, the right to self-determination on abortion of a woman cannot be held liable only to the defendants under the social atmosphere where abortion is permitted. In fact, the defendants confession and reflect all of the crimes in this case, there is no history of criminal punishment against the defendants A and D, and the defendants B did not have any specific criminal power except for those sentenced to a fine due to drunk driving. The defendants C was sentenced to a suspended sentence of imprisonment due to the same kind of crime as stated in the first head of the crime in the judgment below after the crime in this case and the judgment becomes final and conclusive, and the prosecutor's motive and circumstances leading to the abortion in this case, etc. are not considered in consideration of the following circumstances.

In conclusion, each appeal against the Defendants by the prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.