A defendant shall be punished by imprisonment for four months, suspension of qualifications for a year, and a fine of one hundred and fifty thousand won.

The above fine shall not be paid by the defendant.

Punishment of the crime

[2015 Highest 355] The Defendant is a father-child and doctor who operates a “Asantecian” in Daejeon Jung-gu E.

At around 12:00 on March 21, 2014, the Defendant, upon the request of the pregnant F to request the abortion from the above pregnant woman, had the fetus discharged out of the mother body by using the inhaled machine, and was in abortion by performing an operation for artificial abortion.

[2015 Highest 1606] The Defendant is a father-child and doctor who operates a “A mountain father and woman” in Daejeon Jung-gu E.

A medical person shall keep records of medical treatment, midwifery records, nursing records, and other records concerning medical treatment, and shall record in detail the matters and opinions concerning medical acts prescribed by Ordinance of the Ministry of Health and Welfare, such as the main symptoms, diagnosis and treatment of the patient, and the details thereof.

Nevertheless, the Defendant, at around 12:00 on March 21, 2014, failed to record the operation on the medical records, etc. in detail, even though he/she was dead by performing an operation for artificial abortion, by allowing a fetus to be discharged out of the mother's body upon request of F to request for abortion from the above father's or clinic.

Summary of Evidence

[2015 Highest 355]

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each investigation report (No. 23,37 list of evidence) / [2015 order 1606];

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A written accusation;

1. Place where he is a patient;

1. Application of Acts and subordinate statutes to investigation reports (including telephone conversations for witnesses);

1. Article 270 (1) and (4) of the Criminal Act in relation to a crime (the occupation of abortion on commission of duties and the concurrent imposition of qualification) of the same Act, Articles 90 and 22 (1) of the Medical Service Act (the occupation of violation of the duty of detailed recording in the division of medical records);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Three times a fine of different kind for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and the abortion operation of this case is performed.