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(영문) 창원지방법원 2014.07.08 2014고단527
낙태
Text

1. The defendant A shall be punished by imprisonment for four months, by imprisonment for six months, and by a suspension of qualification for one year;

2.Provided, That this judgment shall not apply.

Reasons

Punishment of the crime

1. The Defendant: (a) was pregnant women with about 20 degrees of pregnancy; (b) around 1:00 on September 24, 2013, the Defendant: (c) called “influoring a baby by abortion”; and (d) was a surgery for discharging a fetus of about 20 weeks of pregnancy out of the body by means of so-called induced delivery, at the Fluor and the operating room of the 7th floor in the Seongdong-si, Masi-si, Masi-si, Masi-si.

2. Defendant B, from September 1, 2008 to December 20, 2013, is a doctor who operated “F acids” on the 7th floor of the Sungwon-si E building in Changwon-si from September 1, 2008.

At around 11:00 on September 24, 2013, the Defendant, upon the request of A, who is a pregnant woman of 20 weeks of pregnancy at the above women's department and the operating room, administered A with a self-cataction medication, and discharged A a pregnant woman of 20 weeks of pregnancy out of his body by means of so-called leading delivery.

Accordingly, the defendant was born at the request of the female, and the defendant was born.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to national newspapers and a copy of a maternity pocketbook;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 269 of the Criminal Act;

(b) Defendant B: Article 270(1) of the Criminal Act (the choice of imprisonment, suspension of qualifications concurrently under paragraph (4) of the same Article);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence;

1. Defendant A- favorable circumstances: Crimes due to reflectivity, absence of criminal record, and the power of the parents - Unfavorable circumstances: The situation of the fetus reaches 20 weeks of pregnancy, and the nurse;

2. Defendant B - favorable circumstances: Crimes due to the strong request by the parent of the mother’s parents, that the pregnant status of the fetus reaches 20 weeks, and that the doctor’s main portion was removed.

3. In addition, taking into account the Defendants’ age, character and conduct, health conditions, home environment, motive, means, results, and other various sentencing conditions indicated in the records of the instant case, such as the circumstances after the commission of the crime, the sentence against the instant crime shall be determined as ordered.

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