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Supreme law prepares sentencing guidelines … Severe punishment for juvenile sexual assault
Supreme Court decides on sentencing criteria for ‘digital sex crime’ by sentencing committee
“Aggravated punishment for damages difficult to recover, such as suspension from school”
Judicial sentence for sanctioning sexual exploitation, life imprisonment or prison for at least 5 years
The Supreme Court has decided on a draft sentencing rule that recommends that children and adolescents be sentenced to 29 years and 3 months in prison for producing pornography.
It was the first time that the punishment standards for so-called ‘digital sex crimes’ were established during the ‘n-bang’ incident in which women and minors were threatened with creating and broadcasting illegal sexually exploiting films.
It is a higher recommended sentence than the crime of sexual assault on adolescents.
Connect with reporters. Reporter Jo Sung-ho!
What is the specific content of the conviction criteria for ‘digital sex crime’ established by the Supreme Court?
[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.
In addition, the sentence was sentenced to a maximum of 27 years in prison for selling products of sexual exploitation for profit, 18 years in prison for distribution and up to 6 years and 9 months in prison for purchase.
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 considering that the criminal method is very diverse and the damage spreads rapidly due to the nature of digital devices and online spaces.
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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