Article 3, Paragraph 1 of the Sexual Violence Act, 2020 Minimum Sentence Raised to '7 Years Imprisonment'
Constitutional Court: "Possibility of Individualized Punishment Extremely Limited"
[Asia Economy Reporter Heo Kyung-jun] The Constitutional Court has ruled that the Act on Special Cases Concerning the Punishment of Sexual Crimes, which stipulates that the maximum sentence of life imprisonment can be imposed for committing sexual crimes by trespassing into another person's home, is unconstitutional.
On the 23rd, the Constitutional Court unanimously ruled the unconstitutionality of Article 3, Paragraph 1 of the Act on the Punishment of Sexual Crimes.
Article 3, Paragraph 1 of the Act on the Punishment of Sexual Crimes stipulates that a person who commits forced molestation, quasi-forced molestation, or similar crimes after committing the crime of trespassing under the Criminal Act shall be punished by life imprisonment or imprisonment for not less than seven years.
The provision under review set the statutory minimum sentence at "imprisonment for seven years" in May 2020, making it impossible for judges to suspend sentences even if they mitigate the sentence based on normal considerations, unless there are other legal grounds for reduction, in cases of trespassing combined with forced molestation or quasi-forced molestation.
The Constitutional Court judged, "Even if the illegality and degree of responsibility for forced molestation or quasi-forced molestation committed during the opportunity of trespassing are minor, unless there are other legal grounds for mitigation, the offender must be uniformly sentenced to a heavy punishment of imprisonment for at least three years and six months, which severely limits the possibility of individualized sentencing."
It further stated, "If the restrictions on individualized sentencing through the judge's sentencing process become excessive, it is necessary to consider that this increases the risk of arbitrary legal interpretation and application regarding the scope of crime establishment not only in court trials but also throughout the criminal justice process, including investigations by investigative agencies."
Justice Lee Seon-ae expressed a separate opinion, stating, "The provision under review contains a serious error in that during the legislative process, the possibility of individualized sentencing was restricted by raising the statutory minimum sentence without deliberation due to confusion with other sexual crimes of different natures, thereby reducing the possibility of suspended sentences. This violates the principle of proportionality between responsibility and punishment."
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