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| ‘The era of punishment is over!’ held in front of the Parliament Building in Yeongdeungpo-gu, Seoul on December 31 last year! At a press conference in 2021 without abortion crimes, officials involved in the joint action to abolish abortion crimes for all are speaking. 2020.12.31/News1 © News1 Reporter Seongcheol Lee |
An obstetrician who was handed over to trial for having an abortion on a fetus, about five weeks old, was finally found innocent in the Supreme Court.
In 2019, after the Constitutional Court ruled that abortion was unconstitutional, there was a case of innocence for abortion at a lower court, but this is the first time that the Supreme Court has been convicted of abortion.
The second part of the Supreme Court (Presiding Judge Noh Jeong-hee) announced on the 12th that it had canceled the court ruling and sentenced the obstetrician and gynecologist Seongmo, who was accused of abortion on a part-time job basis, to a six-month imprisonment and a one-year suspended sentence.
According to the court, in 2013, Mr. Sung was commissioned by a pregnant woman to undergo an abortion and was handed over to trial on charges of having an abortion.
In consideration of the fact that the abortion was performed at the request of the pregnant woman and that the pregnant woman seemed to be in poor health, the sentence was suspended for six months in prison and one year ineligibility.
In response, Mr. Sung appealed for reasons of misconception and legal misconduct, and the prosecutor for improper sentencing.
After the second trial ruling in 2017, the case was turned over to the Supreme Court, and in April 2019, the constitution unconstitutional abortion was ruled.
Constitutional Constitution both provisions in the case of a Constitutional petition related to the Penal Code 269 (1) (Self-Abortion Crime) punishing a woman who had an abortion on April 11, 2019, and 270 (1) (Personal Abortion) of the Penal Code, which punishes a doctor who had an abortion. A decision was made against the constitution. In addition, until December 31, 2020, the deadline for legislative amendment was set.
The Supreme Court first sentenced, “After the sentence of the original trial, the constitution was’neither (both criminal abortion and self-abortion) conformed to the Constitution and continued to apply until the legislator revised it with a deadline of December 31, 2020.’ He pointed out that the legal provisions were not amended until December 31st.
In addition, “The constitutional nonconformity decision of the Constitution is a modified form not stipulated by the Constitution and the Constitutional Court Act, but it corresponds to an unconstitutional decision on the legal provisions.” It added that the decision was made unconstitutional for the provisions of the law.
The Supreme Court also said, “If a decision is made to be unconstitutional in accordance with the Constitutional Court Act, the provision is retroactively invalidated.” According to the lawsuit, he must be found not guilty.”
“Therefore, the judgment of the court below convicted of the prosecution in this case could no longer be maintained as it is,” he said.