The hospital director and the operating surgeon on trial for allegedly causing the death of a 36-week-old fetus through an abortion procedure received reduced sentences on appeal, while the mother was acquitted.
The Seoul High Court overturned the lower court's sentence of six years in prison for the 80-year-old hospital director, surnamed Yoon, who was indicted on charges including murder and violations of the Medical Service Act, sentencing him instead to four years in prison and a fine of 1.5 million won.
The operating surgeon, surnamed Shim, who was indicted together with Yoon, had his sentence reduced from four years to two years and six months in prison. Meanwhile, the mother, surnamed Kwon, who was sentenced to three years in prison in the first trial, was acquitted.
The court determined that it was difficult to view mother Kwon as having had conditional intent to commit murder, considering factors such as her belief in a broker's statement at the time of the surgery that the baby would be stillborn.
The court also explained that there was insufficient evidence to prove she was aware in advance that the fetus would be artificially killed after being discharged from the womb during the cesarean section.
However, the court pointed out that the responsibility of the medical staff who caused the death of a healthy fetus capable of natural delivery was extremely grave.
At the same time, the court stated that it lowered the sentences in consideration of hospital director Yoon admitting to the crime and showing remorse, and the fact that operating surgeon Shim did not participate directly in the specific killing act.
This case began investigations in 2024 after Kwon posted an abortion review video on YouTube titled "Total Surgery Cost 9.09 Million Won, 120 Hours Like Hell."
As the video sparked controversy, the Ministry of Health and Welfare requested a police investigation into Kwon and the doctors in July 2024.
Yoon and Shim were charged with performing a cesarean section in June 2024 on the mother and YouTuber Kwon, who was at 34 to 36 weeks of pregnancy, delivering the fetus, covering it with a pre-prepared square cloth, and placing it in a freezer to kill it.
It was revealed that Yoon falsely recorded the health status as "bleeding and abdominal pain" in Kwon's medical records and fabricated the situation as if the fetus had been stillborn.
Investigations also showed that Yoon falsely issued a stillbirth certificate after the fact of the surgery became known and caused controversy.
It was found that from August 2022 to July 2024, Yoon operated three hospital rooms and one operating room, admitting exclusively abortion patients.
Shim was known to have performed the surgeries in exchange for hundreds of thousands of won per case.
Reported by Kim Minjeong | Video by Ahn Jun-hyeok | Graphics by Yang Hyemin | Produced by SBS Digital News
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