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Supreme Court ‘digital sex crimes’ recommendation criteria
Supreme Court recommends 5 to 9 years in prison for the production of sexual exploitation of children and young people
Supreme Court, “Sentence of life imprisonment for presenting two or more cases 10 years 6 months-29 years 3 months”
The Supreme Court decided to recommend a maximum sentence of 29 years and 3 months in prison for producing pornography for children and adolescents.
It was the first time that the standards of punishment for so-called ‘digital sex crimes’ were established in the midst of the ‘n-bang’ incident that threatened women and minors with creating and broadcasting illegal films of sexual exploitation.
Connect with reporters. Reporter Jo Sung-ho!
Has the Supreme Court decided on the sentence of “digital sex crime”?
[기자]The Supreme Court sentencing committee voted on a draft sentencing standard for ‘digital sex crimes’ after meetings lasting more than six hours since 2:30 pm yesterday.
Sentencing standards are the Supreme Court ‘guidelines’ that judges refer to when condemning sentences.
For the production of sexual exploitation of children and young people, the penalty is basically 5 to 9 years in prison, and for habitual offenders at least 10 years and 6 months to 29 years and 3 months.
Even in the area of simple weighting, it is recommended to punish between 7 and 13 years in prison, which is higher than that of the crimes of juvenile sexual assault in the same legal penalty.
The sentencing commission has established the criteria for a habitual offender to commit more than one crime of sexual exploitation, which is seriously guilty.
In addition, for distributing sexually exploitative products, he was subject to severe penalties of up to 18 years in prison and up to 6 years and 9 months in prison if purchased.
More severe punishment was recommended in cases where the victim made extreme decisions or disrupted school, etc., and if the victim did not want to be punished, the degree was lowered for general reasons of reduction rather than special mitigating factors and it was reflected in the sentence. .
Furthermore, even if there is no history of criminal sanctions, a new restriction rule has been established which states that if a crime is committed against a large number of victims or if the crime is repeated over a considerable period of time, it should not be considered as an attenuation factor.
In accordance with the Child and Youth Sexual Protection Act, the creation, import or export of products of sexual exploitation is subject to life imprisonment or five years or more in prison.
However, as the court ruling was too broad and there were no sentencing guidelines, there were many evaluations that the ruling was irregular according to the court.
In fact, when the Commission analyzed the sentence from 2014 to 2018, it was found that on average it was 2 years and 6 months, half of the lower limit of 5 years in prison.
The Commission explained that it has established objective and strict punishment standards in consideration of the fact that due to the nature of digital devices and online spaces, criminal methods are very diverse and damage is spreading rapidly.
The Commission plans to make a final decision within this year after asking related organizations and civic groups for their opinions on the guidelines next month.
So far, YTN Sung-ho on the Supreme Court[[email protected]]it is.
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