Supreme Court Sentencing Commission Establishes Criteria for Sentence Reduction When Child Abuse Perpetrators Show 'Sincere Remorse'

[Asia Economy Reporter Kim Hyung-min] Experts agreed with the Supreme Court Sentencing Commission's decision to establish specific criteria to prevent the reduction of sentences from being abused when defendants in child abuse cases show sincere remorse during trials, and to ensure that the courts conduct thorough sentencing deliberations.

According to the legal community on the 15th, at the 13th advisory committee meeting of the Sentencing Commission held the previous day, the advisors expressed their agreement that the definition of a defendant's "sincere remorse" should be established for the first time in relation to the revised sentencing guidelines for child abuse crimes approved by the commission last month.

The Sentencing Commission is currently revising the sentencing guidelines for child abuse crimes under the Child Welfare Act, considering the social consensus that strict punishment is necessary for child abuse. The sentencing factors that courts consider when determining a defendant's sentence are also subject to revision.

At the 114th Sentencing Commission meeting held last month, an explicit provision was added to the "mitigating motive for the crime" category, which is used to reduce sentences, stating that "cases where the crime was committed for the sole purpose of simple discipline or education are excluded."

Some advisory members supported this inclusion, saying, "It is appropriate to include this as a cautionary measure to prevent sentence reductions for motives such as discipline or education," but others argued that "including such a provision may cause misunderstandings that crimes committed for 'genuine' disciplinary or educational purposes fall under 'mitigating motives for the crime,'" and suggested it should be removed.

Regarding the reason for probation that has been used so far, "when the defendant's detention causes excessive hardship to dependents," experts expressed opinions leaning toward "it should be deleted."

The advisory committee consists of 14 members, including representatives from child rights-related civic groups, journalists, and scholars. Nine members attended the meeting held the previous day. The Sentencing Commission plans to finalize the revised sentencing guidelines for child abuse at the 115th meeting scheduled for the end of March, reflecting the opinions of the advisory members.