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(영문) 대전지방법원 2016.06.23 2016고단1031
업무상촉탁낙태
Text

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

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a doctor who had operated “A’s father and woman” in Daejeon Pongsung-gu D.

1. On July 31, 2013, the Defendant: (a) was commissioned from the above father and the above father on July 31, 2013 to undergo abortion surgery from E (the age of 36) who is pregnant or nursing women; (b) inserted metal pipes into the given father and the operating room; and (c) carried out an abortion surgery using inhaled machine to promptly separate the fetus from the mother body by inserting approximately seven main embryos from the mother body.

2. On November 28, 2013, the Defendant: (a) entrusted with abortion surgery from F (the age of 30) who is pregnant or nursing woman; (b) inserted metal pipes into the stegrasium at the above marium and the operating room; and (c) carried out abortion surgery by inserting approximately four main embryos into the stegrasium and separating the fetus from the body of the body of the body of the body of the body of the body of the body of the pregnant or nursing woman; and (d) inserted them into the stegrasium in the steg and the operating room; and (c) inserted them into the stegras

Accordingly, the defendant was born twice on commission of female, and the defendant was born twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the interrogation of each police suspect against F, E, or G;

1. Each investigation report by the prosecution (in cases of relevant cases, etc. attached to the indictment);

1. Report on internal investigation (the 4 through 23 pages, 24 through 34 pages, 228 pages of investigation records);

1. A warrant of search and inspection for seizure;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes governing the place of treatment records;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. There are various views and views that suggest a certain basis for the punishment of abortion for sentencing under Article 62(1) of the Criminal Act, and the scope and degree of the punishment.

However, as long as our legislators do not fall under the exception of Article 14 of the Mother and Child Health Act, it is subject to criminal punishment, the relevant provisions of the law are stipulated.

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