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(영문) 대구지방법원 2017.07.14 2017고단2717
낙태
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. On February 4, 2017, the Defendant: (a) went through an operation to remove the 11 primary fetus from her body, a doctor, from G Busan Northern District, Daegu Northern District, on the 2nd floor, on February 4, 2017, at around 10:00.

2. Defendant B’s crime

A. At around 10:00 on February 4, 2017, the Defendant: (a) was entrusted with abortion surgery by pregnant or nursing women A; (b) was under the commission of a abortion surgery by a pregnant or nursing woman A; and (c) was conducted by inserting a fetus into a pregnant or nursing womb as soon as possible by inserting the fetus into the pregnant or nursing woman’s body (i.e., taking it out of the mother’s body) and discharged the 11 primary fetus from the mother’s body.

B. Although a medical person violating the Medical Service Act has kept a medical record book and recorded and signed in detail the matters and opinions concerning the relevant medical practice, the Defendant did not enter the matters and opinions concerning the relevant medical practice in the medical record book even though he/she did so, at the time and place specified in paragraph (2).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement concerning the suspect interrogation protocol concerning the defendant B by the prosecution;

1. Statement made to the defendant A in a protocol concerning the interrogation of the suspect;

1. Statement in each police statement made to H and I;

1. Application of each of the Acts and subordinate statutes stated in investigation reports (including suspect's medical records and copies of a pocket book), investigation reports (verification of a hospital for abortion surgery), medical records, doctor's license, medical certificate, medical specialist's license, and business registration certificate;

1. Relevant legal provisions and Defendant A who choose a sentence on criminal facts: Article 269(1) of the Criminal Act (excluding punishment): Article 270(1) (A) of the Criminal Act (the abortion on commission of duties, the suspension of qualifications concurrently pursuant to paragraph (4) of the same Article), Articles 90 and 22(1) of the Medical Service Act (the occupation in which the record of medical treatment is not prepared);

1. Defendant B who aggravated concurrent crimes: the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Defendant A who is to suspend sentence: A fine of one million won (one hundred thousand won per day converted) Defendant B: Imprisonment with prison labor for six months and a fine of one million won (one million won per day converted); and

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