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(영문) 의정부지방법원 2013.08.09 2013고단708

낙태

Text

Defendant

A shall be punished by a fine of 2,00,000 won, by imprisonment of Defendant B with prison labor of 6 months and by a year of suspension of qualification.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant B is a doctor to operate the “Ja hospital” at the time of the Government-si I.

On July 20, 2012, the Defendant: (a) received a request from A to “a pregnant woman with 20 weeks of pregnancy” from the operating room of the “J” hospital; and (b) discharged a fetus out of the body of the mother body of A, with the method of inducing only a part of the fetus, by inducing a candle to the womb of A.

2. Around July 20, 2012, Defendant A was a pregnant 20-child female, and was born by having the 20-born fetus discharged out of her body on the following grounds: (a) on the part of the above hospital, Defendant B, who was a doctor of the foregoing hospital, called “her spouse gave his/her consent to abortion; and (b) was born by having the 20-born fetus discharged out of her body.”

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Application of Acts and subordinate statutes on replys to the National Health Insurance Corporation;

1. Relevant Article 269 (1) of the Criminal Act and Article 269 (1) of the Criminal Act (the selection of a defendant A and a fine) concerning the facts constituting an offense, and Article 270 (1) of the Criminal Act (the concurrent imposition of qualification suspension under paragraph (4) of the same

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

1. The judgment and the grounds for sentencing as to the assertion of Defendant B under Article 62(1) of the Criminal Act (Defendant B)

1. Defendant B alleged that this case constitutes a case where artificial abortion is permitted pursuant to Article 14(1)5 of the Mother and Child Health Act. However, according to the records, it cannot be said that the maintenance of pregnancy at the time is or is likely to seriously harm the health of the mother's body for health and medical reasons.

Although the above defendant argued about A's health condition at the time, it is difficult to see that the above defendant was drunk while recognizing all such circumstances at the time.

The above argument cannot be accepted.

2. The reason abortion in sentencing is a serious crime that infringes on the life rights of the fetus.