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(영문) 부산지방법원 2016.09.29 2016고단3213
업무상촉탁낙태
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is a doctor who operates the “E hospital” in Busan-gu D.

On November 28, 2015, the Defendant was commissioned by the foregoing hospital to request abortion operation from the pregnant F (F, 25 years of age) and from the male and female friendly G, and was born by inserting approximately six main embryos into F's wombs in the operation room at the above women's and the operating room, and then in a way that inhales approximately six main embryos and discharges them out of the body.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police officer concerning G or F;

1. Application of Acts and subordinate statutes to medical expenses receipts and medical treatment records;

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

1. The suspended sentence: The defendant and his/her defense counsel's assertion about six months of imprisonment and suspension of qualifications under Articles 59 (1) and 59 (2) of the Criminal Act (including the fact that there is no history of criminal punishment, and that it seems that the defendant and his/her defense counsel could have been a situation where he/she was a possibility of a pharmacy due to severe infection, etc.) of the Criminal Act for one year;

Since the crime was committed by judgment, the above crime asserts that the illegality is excluded because it falls under the category of artificial pregnancy permitted by Article 14 (1) 5 of the Mother and Child Health Act.

The phrase “the maintenance of pregnancy is or is likely to cause serious harm to the health of the pregnant woman for medical reasons” under the above provision refers to the cases where the maintenance of pregnancy has caused serious harm to the life and health of the pregnant woman, and it is deemed that an artificial abortion operation is inevitable in order to save the life and health of the pregnant woman (see, e.g., Supreme Court Decision 2003Do2780, Apr. 15, 2005). In light of the above, the following circumstances acknowledged by the evidence, and ① all of the parents of the pregnant baby entrusted the defendant to the defendant was “the abortion.”

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