An obstetrician who killed a fetus during the illegal abortion surgery was sentenced to 3 years and 6 months in prison at the 1st and 2nd trials.

The 5th Criminal Division of the Seoul High Court (Judge Yoon Kang-yeol, Jang Chul-ik, and Kim Yong-ha) sentenced obstetrician A, who was charged with murder, to three years and six months in prison.

The sentence of imprisonment is the same as the first trial.

Earlier, the first trial sentenced Mr. A to three years and six months in prison and three years in suspension.

A, the head of an obstetrics and gynecology department in Seoul, tried to abortion a fetus at 34 weeks of pregnancy in March last year, but was charged with deliberate death after the child was born alive.

The first trial convicted all charges such as murder, abortion, and body damage.

Among them, the Appeals Tribunal changed the judgment as innocent only for the charge of abortion for work.

This is due to retrospective application of the constitutional nonconformity decision at the Constitutional Court last April.

Earlier, the first trial saw that the legislative deadline set by the constitution, which is December 31, this year, has not yet arrived, so that criminal punishment can still be imposed on Mr. A, but the court of appeals judged that the constitutional decision was applied to Mr.

The Appeals Tribunal judged charges other than abortion as guilty as in the first trial.

The judge exclaimed, "I had an abortion even though I predicted that a cesarean section would come out alive at 34 weeks, and even though the baby came out alive and burst into tears, I killed and destroyed the body without any protective measures."

He added, "A person's life is incomparable and precious, and even if it is commissioned by a mother and a mother, there is no right to murder a newborn baby," he added. "The act of murder cannot be justified for any reason."