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(영문) 서울중앙지방법원 2017.08.10 2017고단4119
업무상촉탁낙태
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

As a doctor, the Defendant, from September 26, 2003 to January 24, 2017, operated a council member with the trade name of “E acid” at the 301 heading room of Dobong-gu Seoul Metropolitan Government D Building.

At around 14:20 on October 21, 2016, the Defendant: (a) received a commission from her female F (here, 31 years of age) from her female female F (here, her female pregnant 5-6 weeks of pregnancy; (b) her female air into the above F’s own womb; and (c) her fetus was born in the manner of so-called “compacting so-called,” which discharges the fetus out of the body of her mother F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to attachment to medical treatment sets);

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

1. Six months of imprisonment sentenced to the suspension of sentence and one year of suspension of qualifications;

1. Article 59(1) of the Criminal Act of the suspended sentence (a) of the same Act provides that the Defendant had an attitude to repent of wrong facts while making a confession of all criminal facts, F was pregnant at the early stage, and F was unable to bring about a child, whereas he/she was able to resist depression and exemption from water.

Even though the abortion seems to have been demanded by law, there is no possibility of criticism against the defendant in the situation where there are many opinions pointing out the unconstitutionality of the crime of abortion based on the flexible reality of abortion and the right to self-determination and the right to pursue happiness in the pregnant women, even though it is prohibited by law.

Along with the fact that F was committed without showing the awareness of the fact that F committed suicide to South Korea after the abortion, the Defendant’s closure of the hospital, and other circumstances of sentencing, such as the Defendant’s age and sexual conduct, are considered to be significant in light of various sentencing conditions, and thus, the sentence of the above punishment shall be suspended.

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