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(영문) 부산지방법원 동부지원 2013.05.08 2013고단916
생명윤리및안전에관한법률위반
Text

Defendant

A Imprisonment with prison labor for six months, for defendant B and C, for four months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall provide or use sperm or ova on condition of money or property interests or other consideration.

1. Defendant A

A. On November 20, 2010, the Defendant provided one’s ovum for compensation of KRW 2.450,000, on the Internet camera, “E,” which included a notice to the effect that “A-type or O-type women’s ovum is sought” as the title “E” in the Seo-gu Busan Hospital, Seo-gu, Busan, and the Internet camera, “E.”

B. On June 27, 2011, the Defendant provided one’s ovum at the Busan East-gu F Hospital, stating that “I will seek ovum donor” on the Internet camera of Baber, with a notice posted to the effect that “I will seek an O-type female ovum in a congenital or more pregnancy,” for consideration of four million won from C.

2. Defendant B received A’s ovum on condition of payment of KRW 2,50,000 to A at the same date, time, and place, as set forth in paragraph (1) of Article 1, and used the ovum to produce embryos by modifying the ovum with his husband G sperm.

3. Defendant C received A’s ovum on condition of payment of 4 million won at the same time and place as that set forth in Article 1(b) and used the ovum to produce embryos by modifying the ovum with his husband’s H sperm.

Summary of Evidence

1. Defendants’ legal statement

1. A investigation report (verification of details of transactions);

1. Application of Acts and subordinate statutes to certificates of medical records;

1. Articles 51(1)5 and 13(3) of the former Bioethics and Safety Act regarding criminal facts (Amended by Act No. 11250, Feb. 1, 2012)

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act of the suspended sentence (i.e., the circumstances that may be considered in the context of each of the crimes in this case; (ii) Defendant B and C are the primary offenders; and (iii) Defendant A has no previous conviction heavier than the fine).

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