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(영문) 대구지방법원 경주지원 2017.09.28 2017고단304
업무상촉탁낙태
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a doctor as the president of the hospital “Dsan Women” in the Si of the racing-si.

At around 18:00 on June 5, 2015, the Defendant: (a) received a request from the pregnant woman and the hospital from the pregnant woman of about nine weeks from the pregnant woman of nine weeks; (b) accepted the request; (c) around 10:0 on June 6, 2015, at the above hospital, administered Liberia at the entrance of the womb E, and then injected the fetus into the womb, and then extracted the fetus from the body of the above E, by injecting it into the spathic body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of Dsante, trags of surgery and written application for surgery), surgery carnets, written application for surgery, investigation report by a suspect A's license and copy of business registration certificate);

1. Article 270 (1) and (4) of the Criminal Act relating to the facts constituting an offense;

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. The reason for sentencing under Articles 59(1) and 59(2) of the Criminal Code of the Suspension of Sentence is high human life, and is the source of human dignity that cannot be altered in this world. The right to such life is a fundamental right among fundamental rights. Although the fetus ought to depend on her mother in order to maintain her life, barring special circumstances, her right to life should also be recognized to the fetus, as it is highly likely that her mother will grow as a human body separate from her mother(s).

The normative power of the criminal law that prohibits abortion in order to protect the life of the fetus is still maintained, and the crime of this case, which infringes upon the foregoing by the defendant, who is the father and the doctor engaged in the duty to protect the life of the fetus, is somewhat weak.

shall not be required to do so.

However, on the other hand, a decision of constitutionality was rendered on Article 269(1) of the Criminal Act (the crime of abortion) and Article 270(1) of the Criminal Act (the crime of abortion entrusted on duty) (the Constitutional Court Decision 2010HunBa40 Decided August 23, 2012).

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