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

Punishment of the crime

1. A around 09:00 on January 10, 2017, Defendant A requested a doctor B to perform abortion surgery at a doctor’s clinic and clinic located in Yeonsu-gu Incheon Metropolitan City E (U.S.) to discharge a pregnant 3-month fetus out of his body and born.

2. Defendant B received a commission from her mother A to undergo abortion surgery at the time, at a place referred to in paragraph (1) of this Article, and performed abortion surgery by using inhaled machine to remove approximately three-month fetus out of her mother body.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Application of statutes to the head of a complaint or a copy of a child care pocketbook;

1. Article 269 of the Criminal Act applicable to the crime and subparagraph A of the option of punishment: Article 269 of the Criminal Act (Selection of Penalty): Article 270 (1) and (4) of the Criminal Act;

1. Suspension of sentence

(a) A penal defendant A who shall be sentenced to a suspended sentence: Imprisonment with prison labor for not less than four months and suspension of qualifications for one year;

(b) Attraction of a workhouse (Defendant A) Articles 70(1) and 69(2) of the Criminal Act (one hundred thousand won per day converted);

C. In light of the spirit of the Criminal Act that prohibits abortion in order to protect the life of a fetus for the reason of sentencing under Article 59(1) of the suspended sentence, etc., the Defendants’ nature of the crime in this case and the crime’s circumstances are somewhat weak.

shall not be required to do so.

There are various views and opinions about the punishment of abortion, the scope and degree of punishment, etc., and there seems to be no adequate social consensus.

However, the current law does not correspond to the exception provided in Article 14 of the Mother and Child Health Act, so long as it does not fall under the exception, one's own abortion and occupational commission abortion is subject to criminal punishment.

This reflects the legislative intent that the former takes precedence over the right to self-determination of the life and the abortion of a fetus, so apart from the discussion at a legislative level, it is a national subject to the relevant legal provisions.