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(영문) 대전지방법원 2017.02.02 2016고단3944
업무상촉탁낙태등
Text

A defendant shall be punished by imprisonment for not less than eight months and suspension of qualifications for one year.

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

Reasons

Punishment of the crime

The defendant is a doctor who operates the "E in collaboration with her husband F" on the second floor of the Seo-gu Daejeon D building.

1. Around May 2, 2015, the Defendant was commissioned by pregnant or nursing women G (nive, 40 years of age) to undergo abortion in the above E, and the Defendant added metal pipes to the surgery room at the above women’s and the operating room, and performed abortion treatment by promptly inserting approximately five primary embryos using inhaled machine and separating the fetus from the mother’s body. From that time, the Defendant was commissioned by the pregnant or nursing woman more than 41 times in total as shown in the list of crimes in the attached Table from March 17, 2016.

2. Around May 2, 2015, the Defendant violated the Waste Management Act: (a) around 2, 2015, the parts of the parts, such as human tissue, etc. that occurred after performing abortion treatment as described in paragraph (1) of the above E, were disposed of using only the exclusive equipment for medical wastes; (b) however, (c) the Defendant had a person in charge of nursing care, who was discharged from the operation room of the above hospital, to the drain hole of the relevant hospital; and (d) treated wastes in violation of the standards for the disposal of medical wastes on a total of 41 occasions, such as the list of crimes in attached Form No. 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. The images of the police statement to H, such as a copy of the truth history and a copy of the examination and treatment record book;

1. Each police statement in relation to I, J,K, L, M, N, P, Q, Q, R, S, T, V, W, X, andY;

1. Each e-mail statement of P, Z, AA, AB, AC, AD, AE, AF, AH, AI, AJ, and AK;

1. A protocol of seizure, a photograph of seized articles and seized articles (a record paper, etc.);

1. The accusation of H;

1. Investigation report (the list of pregnant or nursing women born);

1. Investigation report (referring to a witness AL telephone investigation);

1. A criminal report (in response to the results of appraisal by the State);

1. Response to a request for appraisal;

1. On-site identification reports;

1. Business registration certificate;

1. Detailed statement of transactions;

1. Application of Acts and subordinate statutes on giving and receiving rooms and photographs;

1. Article 270(1), Article 270(4) of the Criminal Act (the occupation of abortion on duty and the choice of imprisonment), and Article 270(1), and Article 270(4) of the Criminal Act for the crime, respectively;

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