2010 Highest 1396 Occupational abortions

ThisA (68 years old, South)

Scarsia

Attorney Lee Jong-soo

May 25, 2010

The sentence of sentence against the defendant shall be suspended.

Criminal History Office

피고인은 의사로서, 2002. 5.경부터 2008. 1.경까지 사이에 부산 해운대구 우동이에서 ‘◇ 산부인과'라는 상호로 의원을 운영하였다.

피고인은 2007. 4. 10.경 위 ◇ 산부인과' 수술실에서 부녀인 류C1(여, 28세)로부터 임신 7주된 태아를 낙태시켜 달라는 촉탁을 받고, 진공기를 위 류C1의 자궁 안에 넣어 위 태아를 모체인 류C1의 몸 밖으로 배출하는 이른바 '흡입소파술'의 방법으로 낙태하게 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect examination of Category C1 by prosecution;

1. Investigation reports (Attachment of a detailed statement of credit card);

1. An embryo recorded paper;

1. Application of Acts and subordinate statutes of a medical license (license number 53816);

1. Article applicable to criminal facts;

Article 270(1) and (4) of the Criminal Act

1. Determination of punishment;

Imprisonment for six months and suspension of qualifications; one year;

1. Suspension of sentence;

Article 59(1) of the Criminal Act (Prohibition of abortion to protect the life of a fetus, and when a doctor, etc. makes a abortion with his/her commission or consent, etc., more severe than that of a woman's abortion.

In light of the spirit of the criminal law that provides for punishment as a statutory punishment, the crime of the defendant cannot be deemed to be less severe than the nature of the crime, but considering the social situation in which diverse opinions are presented about the rights, etc. of women relating to the abortion of the fetus at the early pregnancy along with an absolute opinion on the life of the fetus, the issue of equity based on the empirical facts on which the public authority's punishment was relatively weak in relation to punishment for abortion, the defendant closes down an mountain father in 2008, and reflects the depth of the crime of this case, and thus, the reputation is obvious).

It is so decided as per Disposition for the above reasons.

Judges Cho Superintendent-hee