Doctors who performed an abortion on a 36-week pregnant woman have been sentenced to prison in the first trial. However, the pregnant woman, who was also indicted, received a suspended sentence due to the lack of social support for pregnant women in crisis.

On Wednesday, the 33rd Criminal Division of the Seoul Central District Court (presiding judge Lee Jin-gwan) sentenced Dr. Yoon (81), the hospital director charged with murder and other offenses, to six years in prison and a fine of 1.5 million KRW (about 1,020 USD). Dr. Shim (62), the surgeon who performed the procedure, was sentenced to four years in prison.

Ms. Kwon (26), the pregnant woman, received a three-year prison sentence suspended for five years. She was also ordered to complete 200 hours of community service.

Hospital director Yoon and surgeon Shim are accused of performing a cesarean section on Ms. Kwon, a YouTuber who was 34-36 weeks pregnant in June 2024. They allegedly killed the fetus by covering it with a prepared cloth and placing it in a freezer.

Yoon falsely recorded Ms. Kwon's medical condition as bleeding and abdominal pain and staged the fetus as stillborn. When the surgery became controversial, he issued a false stillbirth certificate.

Prosecutors found that Yoon, facing financial difficulties in managing the hospital, decided to perform abortions to generate income.

From August 2022 to July 2024, Yoon operated three inpatient rooms and one operating room, admitting only abortion patients. Shim performed the surgeries, receiving hundreds of thousands of won per procedure.

Yoon is also accused of obtaining 1.46 billion KRW (about 1 million USD) from 527 patients referred by brokers during this period. Two brokers who referred patients to Yoon were also indicted on the same charges.

The court noted that instead of taking measures to sustain life, they conspired to kill the baby after birth, resulting in the infant's brief life ending in a cold refrigerator without taking a single breath.

The court emphasized that taking a life can never be justified, as it deprives the absolute value of life, with irreversible and severe consequences.

Regarding Yoon, the court pointed out that there was no evidence of sincere remorse, as he attempted to conceal the crime by falsifying medical records and instructing staff to give false statements when faced with potential criminal charges.

However, Yoon was found not guilty of violating medical laws related to unauthorized operation of major facilities. The court determined that the facility he operated was a clinic rather than a hospital requiring permission.

The court explained that Ms. Kwon, while not directly involved in the execution, was still criminally responsible as an accomplice. They found that she had at least indirect intent to kill the victim.

The court rejected Ms. Kwon's claim that she would have given birth at a single mother's facility and put the child up for adoption if unable to have the surgery. They found no evidence that she had made any preparations for childbirth or explored adoption procedures, thus ruling her guilty based on indirect intent.

While acknowledging Ms. Kwon's lack of institutional support, the court emphasized that even newborns have the right to life. They stated that regardless of her desire for an abortion, once born, the child should be protected as a person, and no one has the right to kill it.

However, the court considered mitigating factors, noting that given Ms. Kwon's social and economic situation, she may have felt unable to handle pregnancy, childbirth, and childcare, believing that both she and the child would be unhappy if the baby were born.

While stating that the crime deserves severe punishment, the court acknowledged the current lack of social, structural, and legal protections for pregnant women in crisis, leading to the suspended sentence.

The two brokers charged with violating medical laws were sentenced to one year in prison and 10 months in prison with two years of probation, respectively.

This case came to light when Ms. Kwon posted a video titled, Total surgery cost 9 million KRW (about 6,120 USD), 120 hours of hell. As controversy arose, the Ministry of Health and Welfare requested a police investigation into the YouTuber and the doctor who performed the abortion in July 2024.

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