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선고유예
(영문) 대전지방법원 2015.10.15.선고 2015고단2465 판결
가.업무상촉탁낙태·나.업무상촉탁낙태방조
Cases

2015 Maz. 2465 Ga. Defin in the line of duty

(b) Occupational commission, abortion or relief;

Defendant

1. A. A

2.(b) Z;

3.(b)

Prosecutor

Den Fence (prosecutions) and the last place (public trial)

Defense Counsel

Attorney Jeon Byung-nam (for the Defendants)

Law Firm Man Law Firm, Attorneys Yoon Byung-chul, and Cho Tae-tae (For the Defendants)

Imposition of Judgment

October 15, 2015

Text

Defendant A shall be punished by imprisonment for six months and suspension of qualifications for one year.

except that for the defendant A, the court shall suspend the execution of the above imprisonment for two years from the date this judgment becomes final and conclusive.

(c)

The sentence against Defendant B and C, who is the defendant, is suspended.

Seized evidence Nos. 1 to 40 shall be confiscated by Defendant A.

Reasons

Facts of crime

1. Defendant A

The defendant is a doctor who operates Asanbu in Daejeon U.S.* in *.

On December 30, 2013, at least 00, the Defendant commissioned a pregnant woman A to undergo a abortion surgery from the above Asanbu and the pregnant woman A at the operating room, and added the malgonor to the above A's own womb and added the malgonor into the operation room, and caused the abortion in a way that inhales the fetus about five weeks from the body and discharges it out of the body, and until December 3, 2014, the Defendant was commissioned by the pregnant woman A at least 32 times in total as shown in the list of crimes (Omission).

2. Defendant B, C, C.

The defendants are assistant nurses who work in the Asanbu referred to in the above paragraph (1).

As described in the above paragraph (1), when the Defendants, as a doctor, were to abortion with the entrustment of the father with pregnant or nursing women A, etc. over 32 times in total, the Defendants: (a) injected the anesthesia into the pregnant or nursing woman through the beer in the operation room; and (b) assist the pregnant or nursing woman in committing the crime by making it easier for the pregnant or nursing woman to commit the crime, such as checking the rapy and pulmone of the pregnant or nursing woman during the operation, or preparing for the resistant or chronic agents to be provided outside

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol about A and (Omission)

1. Each police seizure protocol and the list of seizure;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

○ Defendant A: Article 270(1) and (4) of each Criminal Act (the occupation of abortion on duty, suspension of qualifications

x)

○ Defendant B and C: Articles 270(1) and 32(1) (a) of each Criminal Act (the occupation of an occupational commission or abortion) 1. Statutory mitigation (a mitigation)

C. C. C. : Articles 32(2) and 55(1)3 of the Criminal Code

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act (Defendant A)

§ 38(1)3 of the Criminal Act: 1. Suspension of sentence

Defendant B and C: Imprisonment with prison labor for each of three months

1. Suspension of execution;

Defendant A: Article 62(1) of the Criminal Act

1. Suspension of sentence:

C. C. C. : each criminal law article 59(1)(each initial crime, serious reflectivity, and co-defendant A

The relationship and the degree of participation in the crime, the motive and circumstances leading to the crime, and the age and position of the above defendants;

Taking into account all the conditions of sentencing, such as business, character, conduct and environment)

1. Confiscation;

Defendant A: Article 48(1)1 of the Criminal Act

The reason for sentencing (Defendant A)

○ Not only once a fine for dual punishment but also there is no record of criminal punishment.

○ It cannot be deemed that the nature of the instant crime cannot be light in light of the period and frequency of the instant crime, etc.

Each abortion surgery in each case may be deemed to have been conducted at the request of an unmarried pregnant woman, etc.

of the motive and circumstances leading to the occurrence of the

Judges

Judges Kang Jae-sung

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