Supreme Court Sentencing Commission Recommends Maximum Statutory Sentence for 'Stalking Crimes'

Recommendation for 3 to 5 Years Imprisonment for 'Stalking with a Weapon'

In cases of stalking crimes involving the carrying of weapons, the sentence could be imposed up to the 'maximum statutory penalty' depending on the severity of the offense.

On the 13th, the Supreme Court Sentencing Commission announced that it held its 128th plenary meeting and decided to recommend imprisonment for 3 to 5 years, the maximum statutory penalty, for stalking crimes involving weapons and general stalking crimes. Although frontline judges are not required to strictly follow the Sentencing Commission's guidelines when making rulings, if they deviate from these guidelines, they must state the reasons in their judgment.

For general stalking crimes, the Sentencing Commission recommended imprisonment of 1 to 8 months or a fine of 1 million to 10 million KRW in the mitigation category; imprisonment of 6 months to 1 year or a fine of 5 million to 20 million KRW in the standard category; and imprisonment of 10 months to 2 years and 6 months in the aggravation category.

For stalking crimes involving the carrying of weapons, the mitigation category recommends imprisonment of 1 to 10 months or a fine of 3 million to 20 million KRW; the standard category recommends imprisonment of 8 months to 1 year and 6 months; and the aggravation category recommends imprisonment of 1 year to 3 years and 6 months.

If the number of aggravating special sentencing factors exceeds the mitigating factors by two or more in stalking crimes, the recommendation is imprisonment up to 3 years for general stalking crimes and up to 5 years for stalking crimes involving weapons.

Additionally, the Sentencing Commission decided to review concerns that the mitigating factor of 'substantial victim recovery,' including deposits, is being exploited as a favorable sentencing reason in frontline trials.

The Sentencing Commission stated, "Recently, there have been criticisms that sentencing factors such as 'substantial victim recovery (including deposits)' are being too easily applied as favorable sentencing reasons in frontline trials. The Commission takes these criticisms seriously and is currently reviewing the matter. We are also monitoring the situation regarding the proposed amendments to the Deposit Act and will consider reflecting any changes in related laws if they are enacted."

Furthermore, considering the seriousness of technology infringement crimes, the Sentencing Commission decided to revise the crime category name from 'Intellectual Property Crimes' to 'Intellectual Property and Technology Infringement Crimes.' Specific sentencing factors and details will be deliberated in January next year.