Woman Acquitted on Appeal in 36-Week Abortion Murder Case

An appellate court has overturned a murder conviction for a woman who underwent an abortion at 36 weeks of pregnancy, acquitting her of the charges. The initial ruling had found her guilty of murder, sentencing her to a suspended prison term.

The court reasoned that the woman, identified as Ms. Kwon, likely did not comprehend that the procedure would involve killing a viable fetus. She had been informed by a broker that the fetus would be stillborn, and the court found no evidence she knew this information was inaccurate or that the medical team had not been consulted.

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From Ms. Kwon's perspective, she was told that the fetus would be stillborn, and she likely received the information directly from the medical staff through the broker.

While Ms. Kwon was acquitted, the medical professionals involved in the procedure, including the hospital director and the surgeon, had their sentences reduced on appeal. They had initially received prison sentences of six and four years, respectively, but these were lowered to four years and two years and six months.

The appellate court also noted that Ms. Kwon's decision to post videos of the procedure online suggested she did not believe she was complicit in a killing. Her late discovery of the pregnancy and difficulty understanding the surgical process were also considered mitigating factors.

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It is difficult to see this as an expression of intent to allow the medical staff to kill a fetus born alive.