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(영문) 부산지방법원 2014.07.09 2014고단1242
업무상촉탁낙태
Text

[Defendant A] The sentence shall be suspended for the defendant.

[Defendant B] The defendant shall be punished by a fine of one million won.

Reasons

Punishment of the crime

1. Defendant A is a medical specialist with a mountain father and a medical specialist operating a “F member” in the Yeongdeungpo-gu Busan Metropolitan City E.

At around 11:00 on October 23, 2012, the Defendant received a request for abortion from G (n, 17 years of age) from G (n, G) at the examination and treatment room for the above “F member,” and discharged the fetus out of the above G on October 25, 2012 after receiving a cash of 1.8 million won, despite that the maintenance of pregnancy is or is not likely to seriously harm the health of the mother’s body for health and medical reasons, although the pregnancy was in a state of being treated, the Defendant was in a state of being able to cure, but it was not likely to do so.

2. At around 16:00 on October 25, 2012, the Defendant: (a) listened to the suit that the said G discharged a fetus that led to about 19 weeks of pregnancy from the body and abortion by the said F Assembly member’s operation room; (b) thereby helping the said G to commit an act of abortion; and (c) consented to the said G by accompanying the said Assembly member to the said member as if it were her husband to make a decision of abortion on October 23, 2012; (d) paid 1.5 million won in cash in lieu of the cost of abortion surgery to the said A on October 24, 2012; and (e) assisted and abetted the abortion of the said G by facilitating the said act of abortion.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Examination protocol of the suspect of G by the prosecution;

1. Investigation Report - Medical treatment at a victim G hospital;

1. Investigation report - Records on diagnosis and treatment at the Busan H Hospital;

1. Investigation report- the preparation of the I statement of witness;

1. Report- Execution of a warrant of search, seizure, inspection

1. In cases of investigation report- analysis of subparagraph 1 (Medical Records) of the certificate;

1. A copy of requests for cooperation in investigation, medical records, and medical records;

1. Application of Written Consent to Operation and Medical License (A) statute 1.

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