그러나 마취 주사를 맞아 잠들었던 피해자가 낙태수술을 인지하지 못했고, 따라서 반대 의사도 표하지 않았기 때문에 법리상 범죄 성립이 어렵다고 판단했다.
However, it was judged that it was difficult to establish a crime by law because the victim who fell asleep after getting an anesthetic injection was not aware of the abortion, and therefore did not express her opposition.